HOUSE OF REPRESENTATIVES

H.B. NO.

1097

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to Kewalo basin.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Act 3, Special Session Laws of Hawaii 2007, appropriated funds to the Hawaii community development authority to remediate property, at tax map keys 2-1-058:041 and 2-1-058:116, in Kewalo basin cove for the continued use by the Kewalo Keiki Fishing Conservancy.  On September 11, 2007, the attorney general issued opinion number 2007-02 opining the unconstitutionality of the Act.  The Hawaii constitution requires that lands controlled by the State be exercised only by general laws, subject to certain exceptions.  General laws apply uniformly to all persons and entities.  Conversely, special laws affect a fraction of persons and grant privilege to some people and not others.

     The legislature finds that Act 3, violates the prohibition on special legislation of article XI, section 5, of the Hawaii Constitution by enacting a special law treating the private organization Kewalo Keiki Fishing Conservancy differently from all other entities that may wish to use the property at tax map keys 2-1-058:041 and 2-1-058:116.

     The purpose of this Act is to repeal Act 3, Special Session Laws of Hawaii 2007.

     SECTION 2.  Act 3, Special Session Laws of Hawaii 2007, is repealed.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Kewalo Basin; Kewalo Keiki Fishing Conservancy; Hawaii Community Development

 

Description:

Repeals Act 3, Special Session Laws of Hawaii 2007.

 

 

 

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