STAND. COM. REP. NO. 254

Honolulu, Hawaii

RE:    S.B. No. 1361

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committees on Water and Land and Public Safety, Intergovernmental and Military Affairs, to which was referred S.B. No. 1361 entitled:

"A BILL FOR AN ACT RELATING TO BANYAN DRIVE,"

beg leave to report as follows:

     The purpose and intent of this measure is to transfer in fee simple certain property located adjacent to or near Banyan Drive in Hilo, Hawaii, to the County of Hawaii on January 1, 2014.

     Your Committees received comments on this measure from the Department of Land and Natural Resources and County of Hawaii.  Your Committees received testimony in opposition to this measure from the Hawaiian Affairs Caucus of the Democratic Party of Hawaii.

     Your Committees find that the jurisdiction over the Banyan Drive properties located on the Island of Hawaii should rightfully rest with the County of Hawaii as the more appropriate government administrative entity.

     Your Committees note that Banyan Drive itself was transferred to the County of Hawaii by Land Office Deed dated July 16, 1969, according to records of the Department of Land and Natural Resources.

     Your Committees have amended this measure by:

     (1)  Authorizing the transfer of the subject properties as a legislative mandate, rather than through an executive order issued by the Governor;

     (2)  Identifying the specific properties along Banyan Drive to be transferred to the County of Hawaii; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Water and Land and Public Safety, Intergovernmental and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1361, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1361, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Water and Land and Public Safety, Intergovernmental and Military Affairs,

____________________________ WILL ESPERO, Chair

____________________________ MALAMA SOLOMON, Chair