STAND. COM. REP. NO. 1133

Honolulu, Hawaii

RE:    S.C.R. No. 51

       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 Public Safety, Intergovernmental and Military Affairs, Transportation and International Affairs, and Tourism and Hawaiian Affairs, to which was referred S.C.R. No. 51 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE UNITED STATES CONGRESS TO REPEAL SECTION 340 OF PUBLIC LAW NO. 105-66 PROHIBITING THE TRANSFER OF AIRPORT REVENUE TO THE OFFICE OF HAWAIIAN AFFAIRS AND TO AFFIRMATIVELY AUTHORIZE THE HAWAII STATE DEPARTMENT OF TRANSPORTATION TO TRANSFER A PORTION OF THE AIRPORT REVENUES TO THE OFFICE OF HAWAIIAN AFFAIRS,"

beg leave to report as follows:

     The purpose and intent of this measure is to request the United States Congress to repeal Section 340 of Public Law No. 105-66 prohibiting the transfer of airport revenue to the Office of Hawaiian Affairs and to affirmatively authorize the Hawaii State Department of Transportation to transfer a portion of the airport revenues to the Office of Hawaiian Affairs.

     Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Association of Hawaiian Civic Clubs, and one individual.  Your Committees received testimony in opposition to this measure from the Department of Transportation and three individuals.  Your Committees received comments on this measure from the Office of Hawaiian Affairs.

     Your Committees find that Public Law No. 105-66 supercedes state law, resulting in a prohibition on the transfer of airport ceded lands revenues to the Office of Hawaiian Affairs.  However, the Honolulu International Airport sits on ceded lands from which the lease revenue is due and owing to the Office of Hawaiian Affairs as ceded lands revenue.  This measure requests that Hawaii's Congressional delegation introduce legislation to repeal section 340 of Public Law No. 105-66 to permit the transfer to airport revenue to the Office of Hawaiian Affairs.

     Your Committees have amended this measure by 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 Public Safety, Intergovernmental and Military Affairs, Transportation and International Affairs, and Tourism and Hawaiian Affairs that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 51, as amended herein, and recommend that it be referred to the Committee on Ways and Means, in the form attached hereto as S.C.R. No. 51, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Public Safety, Intergovernmental and Military Affairs, Transportation and International Affairs, and Tourism and Hawaiian Affairs,

____________________________ J. KALANI ENGLISH, Chair	____________________________ WILL ESPERO, Chair
	____________________________ BRICKWOOD GALUTERIA, Chair