STAND. COM. REP. NO. 457

Honolulu, Hawaii

RE:    S.B. No. 966

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committees on Water and Land and Housing, to which was referred S.B. No. 966 entitled:

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

beg leave to report as follows:

     The purpose and intent of this measure is to exempt lands to which the Hawaii Public Housing Authority holds title from the definition of "public lands" used in chapter 171, Hawaii Revised Statutes.

     Your Committees received testimony in support of this measure from the Hawaii Public Housing Authority and one individual.  Your Committees received testimony in opposition to this measure from Ka Lāhui Hawai‘i Political Action Committee.  Your Committees received comments on this measure from the Department of Land and Natural Resources and Office of Hawaiian Affairs.

     Your Committees find that the Hawaii Public Housing Authority (HPHA) is authorized to acquire, own, and hold real property and therefore lands held by HPHA should be exempt from the definition of "public lands" that the Department of Land and Natural Resources (DLNR) manages, administers, and exercises control over to cure any potential conflict in powers between HPHA and DLNR.  Your Committees further find that HPHA titled lands were previously exempt from the definition of public lands when the lands were held by HPHA's predecessor agencies and were inadvertently not included in the exemptions to public lands when the agencies reorganized and HPHA was formed.  Finally, it is the understanding of your Committees that ceded lands will remain ceded lands and be unaffected by this measure.

     Your Committees have amended this measure by including lands that are set aside by the Governor to HPHA in the exemption to "public lands".

     As affirmed by the records of votes of the members of your Committees on Water and Land and Housing that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 966, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 966, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Water and Land and Housing,

________________________________ WILL ESPERO, Chair

________________________________ KARL RHOADS, Chair