STAND. COM. REP. NO. 825

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 457

       S.D. 2

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 457, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO HAPUNA BEACH PARK,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to transfer in fee simple Hapuna Beach Park from the Department of Land and Natural Resources to the County of Hawaii on January 1, 2014.

 

     Your Committee received written comments in support of this measure from the Mayor of the County of Hawaii, the Waimea Community Association, and six individuals.  The Department of the Attorney General and one individual submitted written comments.

 

     Your Committee finds that the County of Hawaii would be an appropriate steward of Hapuna Beach Park.  However, your Committee believes that leasing, rather than transferring in fee simble, Hapuna Beach Park to the County of Hawaii will ensure that the public lands are held, managed, and operated for the public's best interest.

 

     Your Committee has amended this measure by:

 

     (1)  Deleting the provisions transferring Hapuna Beach Park to the County of Hawaii and instead requiring the Department of Land and Natural Resources to enter into negotiations with the County for the lease of Hapuna Beach Park to the County;

 

     (2)  Requiring that the lease rent charged to the County shall be $1 per year;

 

     (3)  Requiring that an unspecified percentage of gross revenues received by the County from use of the land shall be transmitted to the Director of Finance for deposit into the state parks special fund;

 

     (4)  Requiring the Department of Land and Natural Resources to report to the Legislature if a lease agreement is reached and, if a lease agreement is not reached by January 1, 2014, to report on the action taken and progress made to reach a lease agreement; and

 

     (5)  Changing the effective date to July 1, 2013, and providing for repeal of the measure on an unspecified date; and

 

     (6)  Making technical nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 457, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 457, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

 

 

____________________________

DAVID Y. IGE, Chair