STAND. COM. REP. NO. 2048

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2844
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committees on Water, Land, and Hawaiian Affairs and
Transportation and Intergovernmental Affairs, to which was
referred S.B. No. 2844 entitled: 

     "A BILL FOR AN ACT RELATING TO THE HAWAIIAN HOMES COMMISSION
     ACT, 1920, AS AMENDED,"

beg leave to report as follows:

     The purpose of this bill is to allow the Department of
Hawaiian Home Lands to license infrastructure improvements on
Hawaiian Home Lands to the counties for operation and maintenance
purposes.

     Testimony in support of the measure was received from the
Department of Hawaiian Home Lands and the State Council of
Hawaiian Homestead Associations.

     Your Committees find that the measure amends section 220(a)
of the Hawaiian Homes Commission Act of 1920, as amended, to
clearly specify that the Department of Hawaiian Home Lands may
license water, sewer and drainage systems, street lights, and
other improvements constructed in accordance with county
standards to the county for operation and maintenance purposes.

     Your Committees also find that although in the past, the
counties accepted the maintenance of roads and other
infrastructure improvements constructed to county standards on
Hawaiian Home Lands, certain counties are now reluctant to assume
responsibility for such infrastructural improvements unless the

 
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                                   STAND. COM. REP. NO. 2048
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fee title on which the improvements are situated are dedicated to
the county.  Unfortunately, section 205 of the Hawaiian Homes
Commission Act of 1920, as amended, prohibits the Department of
Hawaiian Home Lands from conveying fee title to its lands.  The
Department of Hawaiian Home Lands can, however, provide licenses
and easements that essentially provide the same security that fee
simple ownership provides.

     Your Committees believe that the measure provides a
reasonable and equitable solution to the counties' concerns while
concomitantly ensuring the more expeditious improvement of
Hawaiian Home Lands.

     As affirmed by the records of votes of the members of your
Committees on Water, Land, and Hawaiian Affairs and
Transportation and Intergovernmental Affairs that are attached to
this report, your Committees are in accord with the intent and
purpose of S.B. No. 2844 and recommend that it pass Second
Reading and be referred to the Committee on Ways and Means.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Water, Land, and
                                   Hawaiian Affairs and
                                   Transportation and
                                   Intergovernmental Affairs,



____________________________       ______________________________
CAL KAWAMOTO, Chair                COLLEEN HANABUSA, Chair

 
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