Bill Text: HI SB1085 | 2010 | Regular Session | Amended

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Bill Title: Ceded Lands; Public Land Trust; Management

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1085 Detail]

Download: Hawaii-2010-SB1085-Amended.html

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STAND. COM. REP. NO.  1070

 

Honolulu, Hawaii

                , 2009

 

RE:   S.B. No. 1085

      S.D. 2

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Hawaiian Affairs, to which was referred S.B. No. 1085, S.D. 2, entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this bill is to establish a procedure for transfers of "public trust lands," as defined in section 171-18, Hawaii Revised Statutes by:

 

(1)  Prohibiting the sale or transfer of public trust lands until one of the following occurs:

 

(A)  The claims of the native Hawaiian people to the public trust lands are resolved;

 

(B)  The Legislature adopts a concurrent resolution by two-thirds vote of both houses finding that reconciliation between the State and the native Hawaiian people is no longer supported; or

 

          (C)  December 31, 2014;

 

(2)  Once one of the specified events occurs, allowing the State to sell public trust lands where there is a compelling State interest and no other alternative, and the transfer is approved by the Legislature by two-thirds vote of both houses;

 

(3)  Requiring the proceeds from the sale of public trust lands to be used to acquire lands to be held in the public trust; and

 

(4)  Exempting easements for public utilities and the government, remnants, and land exchanges from these prohibitions and procedures.

 

     Kamehameha Schools, Kupuaina Coalition, the Koolaupoko Hawaiian Civic Club, the Waimea Hawaiian Homesteaders' Association, Inc., and many concerned individuals supported this bill.  The Attorney General and a concerned individual opposed this bill.  The Office of Hawaiian Affairs, Department of Land and Natural Resources, Association of Hawaiian Civic Clubs, and a concerned individual offered comments.

 

     Your Committee has amended this bill by:

 

     (1)  Making it effective upon its approval; and

 

     (2)  Making technical, nonsubstantive revisions for style, clarity, and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1085, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1085, S.D. 2, H.D. 1, and be referred to the Committees on Water, Land, & Ocean Resources and Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Hawaiian Affairs,

 

 

		____________________________ MELE CARROLL, Chair