Bill Text: HI HB377 | 2012 | Regular Session | Amended

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Bill Title: Public Lands; Hawaiian Fishponds; Coconut Island

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled - Dead) 2012-04-13 - (H) Received notice of all Senate conferees being discharged (Sen. Com. No. 747). [HB377 Detail]

Download: Hawaii-2012-HB377-Amended.html

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STAND. COM. REP. NO. 1219

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 377

       H.D. 2

       S.D. 2

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 377, H.D. 2, S.D. 1, entitled:

 

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

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to, among other things:

 

     (1)  Provide state lease preferences for the reconstruction, restoration, repair, or use of Hawaiian fishponds;

 

     (2)  Exempt the Hawaii Marine Laboratory Refuge from obtaining state and county permits, including permits under chapter 205A, Hawaii Revised Statutes, for the repair and maintenance of its facilities on Coconut Island;

 

     (3)  Require the Department of Land and Natural Resources to establish a public land trust information system;

 

     (4)  Require all state agencies to report to the Department of Land and Natural Resources by August 1, 2011, each parcel of land to which the agency holds title and the disposition of each parcel to which the agency holds title or is acquiring title; and

 

     (5)  Appropriate funds to create and maintain a public land trust inventory database.

 

     Your Committee received testimony in support of this measure from the Hawai‘i Institute of Marine Biology at the University of Hawai‘i at Manoa, Kuli‘ou‘ou/Kalani Iki Neighborhood Board No. 2, Maunalua Fishpond Heritage Center, Aha Kiole Advisory Committee, and a Professor of Geophysics from the University of Hawai‘i at Manoa.  Your Committee received comments on this measure from the Department of the Attorney General, Department of Land and Natural Resources, and Office of Hawaiian Affairs.

 

     Your Committee finds that there are concerns that certain language in part III of this measure may be erroneously interpreted to imply that the State is not currently fulfilling its responsibilities under section 5(f) of the Admission Act and article XII, section 4, of the Hawaii State Constitution.  There is also concern that this language may be interpreted to erroneously imply that the Office of Hawaiian Affairs has not received what the Legislature has determined is its portion of the receipts from ceded lands under article XII, section 6, of the Hawaii State Constitution.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Removing part III of this measure which, among other things, would have required the Department of Land and Natural Resources to establish a public land trust information system; and

 

     (2)  Making technical, nonsubstantive amendments for the

          purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 377, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 377, H.D. 2, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

		____________________________ CLAYTON HEE, Chair