STAND. COM. REP. NO. 1279

Honolulu, Hawaii

RE:    H.B. No. 1133

       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 H.B. No. 1133, S.D. 1, entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to repeal chapter 171C, Hawaii Revised Statutes, relating to the Public Land Development Corporation.

     This measure also:

     (1)  Transfers the Public Land Development Corporation's employees and assets to the Department of Land and Natural Resources;

     (2)  Deposits funds appropriated to the Department of Land and Natural Resources pursuant to Act 55, Session Laws of Hawaii 2011, into the land conservation fund; and

     (3)  Deposits proceeds in the stadium facilities special fund and the school facilities special fund into the general fund.

     Your Committee received written comments in support of this measure from the Office of Hawaiian Affairs; two members of the Kauai County Council; Hawaii's Thousand Friends; Tropical Orchid Farm, Inc.; the Community Alliance on Prisons; the IMUAlliance; the Puna Pono Alliance; and fifty two individuals.  One individual submitted written comments in opposition to the measure.  One individual submitted written comments.

     Your Committee finds that the community has expressed significant concerns regarding the establishment of the Public Land Development Corporation, particularly relating to the exemptions granted to the Corporation.  The exemptions, coupled with the manner in which Act 55, Session Laws of Hawaii 2011, was passed, have led to distrust and uncertainty of the Corporation's intentions and development plans.  Accordingly, your Committee finds that, at this time, it is in the public's best interest to repeal the legislation that established the Public Land Development Corporation.

     Your Committee has amended this measure by:

     (1)  Deleting the provision that transferred the Public Land Development Corporation's Executive Director, Planner, and Project-Development Specialist to the Department of Land and Natural Resources; and

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

     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 is in accord with the intent and purpose of H.B. No. 1133, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1133, S.D. 2.

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

____________________________

DAVID Y. IGE, Chair