Bill Text: HI SCR102 | 2013 | Regular Session | Introduced

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Bill Title: Kapiolani Park Trust; Auditor; Report

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-04-15 - Referred to WAL, JUD, referral sheet 54 [SCR102 Detail]

Download: Hawaii-2013-SCR102-Introduced.html

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THE SENATE	S.C.R. NO.	102
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

requesting the auditor to conduct an audit of the kapiolani park trust to evaluate its governance structure and identify the permissible uses of the park lands, including delineating any limitations on commercial or other inconsistent uses that may fall outside the scope of the trust's purpose or may constitute waste of the trust property.

 

 

     WHEREAS, Kapiolani Park is a popular venue for various public functions, including amateur sporting events, cultural fairs, and family gatherings that are all well attended by Hawaii residents and visitors; and

 

     WHEREAS, there is a significant public interest in maintaining the existing nature and character of Kapiolani Park through the preservation of its open space for the public's benefit in perpetuity as well as the park's historic value; and

 

     WHEREAS, in 1896, Kapiolani Park was established as a public charitable trust to be maintained as a free public park and recreation ground for its sole beneficiaries, the members of the general public; and

 

     WHEREAS, the members of the Honolulu City Council act as trustees of the Kapiolani Park Trust and are responsible for faithfully executing trust duties as directed under the trust instrument; and

 

     WHEREAS, Kapiolani Park is among the most valuable land in the State due to its vast expanse of open space, close proximity to Waikiki Beach, and frequent exposure to a high volume of residents and visitors; and

 

     WHEREAS, these factors contribute to frequent pressure from private entities and the City and County of Honolulu and its permittees who seek opportunities to conduct commercial or other activities that may be inconsistent or contrary to the purposes of the trust on Kapiolani Park lands; and

 

     WHEREAS, the Hawaii Supreme Court held in Kapiolani Park Preservation Society v. City and County of Honolulu, 69 Haw. 569, 751 P.2d 1022 (1988), that it is not within the power of any legislative body to terminate a charitable trust, change its administration on grounds of expediency, or seek to control or amend the disposition of its property under cy pres doctrines; and

 

     WHEREAS, furthermore, the court held that the City and County of Honolulu had no power to execute leases or deeds for part of or all of Kapiolani Park land; and

 

     WHEREAS, previous questions regarding the use of the park lands have led to establishing a standard whereby any use must demonstrate a nexus with the use and care of Kapiolani Park; and

 

     WHEREAS, in City and County of Honolulu v. Warren Price, III et al., (1991), the Circuit Court judge held that the City's use of Kapiolani Park for a nursery was a permissible use under the trust "so long as the nursery and plants [stored there] are used for city park purposes"; and

 

     WHEREAS, the recent proposal from the City and County of Honolulu to use land next to the Waikiki Aquarium to develop a new ocean safety substation has raised concerns of whether the proposal is a permissible use of park property under the trust instrument; and

 

     WHEREAS, a decision on this matter will be based on whether the use of park property for an ocean safety substation demonstrates a sufficient nexus with the use and care of the park; and

 

     WHEREAS, furthermore, this decision has the potential of establishing a precedent regarding how the park space may be used in the future; and

 

     WHEREAS, the State has a significant interest in ensuring that the Kapiolani Park Trust is executed in a manner that is consistent with the trust's purpose; and

 

     WHEREAS, furthermore, the State has a significant interest in ensuring that the decisions made by the Honolulu City Council regarding the park's permissible uses are made in the best interests of its beneficiaries and are consistent with the limitations of the trust instrument and the park's carrying capacity; and

 

     WHEREAS, defining commercial and other inconsistent uses and burdens and outlining limitations on such uses within the park should be addressed to better enable the general public, as sole beneficiary, and the members of the Honolulu City Council, as trustees, to differentiate between acceptable public and private uses of Kapiolani Park and maintain transparency and accountability among the trustees and beneficiaries; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the House of Representatives concurring, that the Auditor is requested to conduct an audit of the Kapiolani Park Trust to evaluate its governance structure and identify the permissible uses of the park lands, including delineating any limitations on commercial or other inconsistent uses that may fall outside the scope of the trust's purpose or may constitute waste of the trust property; and

 

     BE IT FURTHER RESOLVED that the Auditor is requested to report findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2014; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor, Mayor of the City and County of Honolulu, Chairperson of the Honolulu City Council, Director of the Department of Parks and Recreation of the City and County of Honolulu, and Board President of the Kapiolani Park Preservation Society.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Kapiolani Park Trust; Auditor; Report