STAND. COM. REP. NO. 3426

Honolulu, Hawaii

RE:    S.C.R. No. 155

       S.D. 2

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.C.R. No. 155, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION URGING THE KAHO‘OLAWE ISLAND RESERVE COMMISSION TO REQUIRE EACH STEWARDSHIP PROGRAM CONDUCTING ACTIVITIES ON THE KAHO‘OLAWE ISLAND RESERVE TO OBTAIN LIABILITY AND PROPERTY DAMAGE INSURANCE AND LIST THE STATE AS AN ADDITIONAL INSURED,"

begs leave to report as follows:

     The purpose and intent of this measure is to urge the Kahoolawe Island Reserve Commission to require each stewardship program conducting activities on the Kahoolawe Island Reserve to obtain liability and property damage insurance and to list the State as an additional insured.

     Your Committee finds that, pursuant to section 6K-6(1), Hawaii Revised Statutes, the Kahoolawe Island Reserve Commission regulates permissible uses within the Kahoolawe Island Reserve and, therefore, has a responsibility to protect the State from liability against claims arising from stewardship program activities conducted on the reserve.  Your Committee further finds that the necessary protection from these claims is best achieved by requiring each stewardship program to carry sufficient liability and property damage insurance and to list the State as an additional insured at the cost and expense of the stewardship program.

     Your Committee has amended this measure by:

     (1)  Correcting the effective date of the 2009 stewardship agreement from April 9 to April 7; and

     (2)  Making technical nonsubstantive changes for purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 155, S.D. 1, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 155, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DAVID Y. IGE, Chair