STAND. COM. REP. 366

Honolulu, Hawaii

, 2003

RE: H.B. No. 1212

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Legislative Management, to which was referred H.B. No. 1212 entitled:

"A BILL FOR AN ACT RELATING TO LAND EXCHANGES,"

begs leave to report as follows:

The purpose of this bill is to improve the legislative disapproval process for land exchanges by changing the sequence of the disposition process.

The Department of Land and Natural Resources (DLNR) testified in support of this bill.

Currently, the Legislature exercises its oversight on the exchange of public lands for private lands at the very end of the disposition process following the execution of the exchange deed. This arrangement creates several problems:

(1) If the Legislature disapproves the exchange, much time, money, and effort will have been wasted;

(2) Landowners may be reluctant to even consider pursuing an exchange given this high risk; and

(3) The up front investment of resources into the exchange may put undue pressure on the Legislature to not disapprove the exchange.

This bill would amend the disposition process so that legislative disapproval occurs after the Board of Land and Natural Resources' preliminary approval of the exchange but before the final execution of the exchange deeds. This arrangement should result in:

(1) Landowners being more willing to pursue exchanges with the State;

(2) Better management by DLNR of its real estate assets; and

(3) A more substantive review by the Legislature.

Upon further consideration, your Committee has amended this bill by:

(1) Inserting an effective date of January 1, 2010, for the purpose of continued discussion; and

(2) Making technical, nonsubstantive amendments for the purpose of clarity.

As affirmed by the record of votes of the members of your Committee on Legislative Management that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1212, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 1212, H.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Legislative Management,

 

____________________________

MICHAEL Y. MAGAOAY, Chair