CONFERENCE COMMITTEE REP. 2

Honolulu, Hawaii

, 2003

RE: H.B. No. 192

H.D. 1

S.D. 1

C.D. 1

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 192, H.D. 1, S.D. 1, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to protect public beach land by:

(1) Including accreted lands, that is lands formed by the gradual accumulation of land on a beach or shore along the ocean by the action of nature forces, in the definition of state public lands;

(2) Providing that no applicant other than the State shall register accreted lands, with the exception of certain private property owners;

(3) Allowing a private property owner to file an accretion claim to regain title to and register the owner's eroded land that has been restored by accretion; and

(4) Requiring the agency receiving the accretion application to supply the Office of Environmental Quality Control (OEQC) with a notice for publication in the OEQC's periodic bulletin.

Your Committee on Conference finds that the term "agency" in the context of the bill is confusing. Section 343-2, Hawaii Revised Statutes, defines "agency" as "any department, office, board, or commission of a state or county government which is a part of the executive branch of that government." Land Court and the circuit courts of the State quiet title to accreted lands, and Land Court registers that title. However, these courts are not a part of the executive branch of the state government.

Your Committee on Conference has amended this measure by:

(1) Requiring the applicant to supply OEQC with notice of the application for registration for publication in OEQC's periodic bulletin; and

(2) Prohibiting Land Court or the circuit courts from registering or quieting title to accreted lands unless OEQC publishes notice of the application.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 192, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 192, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

LORRAINE R. INOUYE, Co-Chair

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EZRA KANOHO, Co-Chair

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COLLEEN HANABUSA, Co-Chair

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BLAKE K. OSHIRO, Co-Chair