STAND. COM. REP. NO. 1494

Honolulu, Hawaii

RE:    S.C.R. No. 158

       S.D. 2

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.C.R. No. 158, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT MANELE BAY, LANAI, FOR RENOVATION OF MANELE SMALL BOAT HARBOR,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Board of Land and Natural Resources to issue a term, nonexclusive easement covering a portion of state submerged lands, identified as tax map key (2) 4-9-17:06.

     Your Committee finds that in 1993, the Board of Land and Natural Resources and Trilogy Corporation entered into a renewable, thirty-five-year lease of eighteen thousand square feet of undeveloped land.  Trilogy Corporation obtained the lease for the purpose of constructing a first class pavilion at Manele Small Boat Harbor to provide arriving passengers with shelter from the elements and a comfortable venue for lunch and entertainment.  Your Committee also finds that this measure satisfies the requirements of section 171-53, Hawaii Revised Statutes, which requires legislative approval by concurrent resolution prior to the leasing of state submerged lands.

     Your Committee has amended this measure by:

     (1)  Amending the seventh WHEREAS clause to clarify that Hawaii and Trilogy Corporation's employees on Lanai would benefit from a lease of the loading dock and adjacent submerged lands and from a delegation of authority to the Chairperson of the Board of Land and Natural Resources to negotiate its additional terms; and

     (2)  Amending the BE IT RESOLVED clause to clarify that the easement is authorized for a term of thirty-five years.

     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. 158, S.D. 1, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 158, S.D. 2.

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

____________________________

DAVID Y. IGE, Chair