STAND. COM. REP. NO.  78

Honolulu, Hawaii

                , 2013

RE:   H.B. No. 1292

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committees on Water & Land and Ocean, Marine Resources, & Hawaiian Affairs, to which was referred H.B. No. 1292 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC LAND,"

beg leave to report as follows:

The purpose of this measure is to require that all dispositions in fee simple of public land be subject to the express prior approval of the Legislature by concurrent resolution to be adopted by at least a two-thirds majority vote of the members to which each house is entitled.

     The measure also subjects the execution of quitclaim deeds by the Board of Land and Natural Resources to the express prior approval by the Legislature.

One individual testified in support of the measure.  The Department of Land and Natural Resources submitted comments on the measure.

     Your Committees find that Act 176, Session Laws of Hawaii 2009, requires the express prior legislative approval for all sales and gifts of public lands.  Under existing law, land exchanges and quitclaim deeds that involve public lands are subject to legislative disapproval by a two-thirds majority of each house.  If the Legislature takes no action on the land exchange or quitclaim deed, then the exchange or quitclaim deed is deemed approved.  By extending this approval requirement to other forms of disposition, including exchanges and quitclaim deeds, this measure provides greater uniformity under the law.

     As affirmed by the records of votes of the members of your Committees on Water & Land and Ocean, Marine Resources, & Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1292 and recommend that it pass Second Reading and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Water & Land and Ocean, Marine Resources, & Hawaiian Affairs,

____________________________ FAYE P. HANOHANO, Chair

____________________________ CINDY EVANS, Chair