STAND. COM. REP. NO. 1293
Honolulu, Hawaii
RE: H.B. No. 1268
H.D. 1
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 Water and Land, Tourism and Hawaiian Affairs, and Judiciary and Labor, to which was referred H.B. No. 1268, H.D. 1, 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 expand the eligibility of potential assignees of a homestead lease to include trustees of land trusts created for the purposes of managing and holding a homestead for the benefit of the lessee and lessee's family members.
Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Office of Hawaiian Affairs, and one individual. Your Committees received testimony in opposition to this measure from two individuals.
Your Committees find that the 999-year homestead program is becoming increasingly difficult to manage because conflicts often arise between family members who may have an interest in a 999‑year lease. Existing leases are unique because they can only be assigned to members of the lessee's family.
Your Committees further find that there are many difficulties associated with the 999-year lease program, which was first implemented during the early years of the Territory of Hawaii. These difficulties have resulted in great hardship for many families, including many painful family battles arising from a complex and problematic successorship. In many cases, loss of the land has been the result. This has impacted not only the families, but also their communities, various government agencies, and others who have been involved in these unfortunate situations. Because the subject properties are often deeply historic properties on which place-based traditions of the area are still practiced, the leaseholds also represent historic and cultural resources that need protection.
Your Committees believe that all state leases should be evaluated and considered for legislation similar to this measure.
Your Committees have amended this measure by:
(1) Changing the effective date to upon approval; and
(2) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Water and Land, Tourism and Hawaiian Affairs, and Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1268, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1268, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committees on Water and Land, Tourism and Hawaiian Affairs, and Judiciary and Labor,
____________________________ BRICKWOOD GALUTERIA, Chair |
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____________________________ MALAMA SOLOMON, Chair |
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____________________________ CLAYTON HEE, Chair |