STAND. COM. REP. NO.1485

Honolulu, Hawaii

, 2003

RE: S.C.R. No. 186

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Transportation, Military Affairs, and Government Operations and Water, Land, and Agriculture, to which was referred S.C.R. No. 186 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THAT THE GOVERNOR ESTABLISH A COMMISSION TO OVERSEE THE TRANSFER OF KAHO'OLAWE FROM THE UNITED STATES NAVY TO THE STATE OF HAWAII,"

beg leave to report as follows:

The purpose of this measure is to establish a commission to oversee the transfer of Kaho'olawe from the United States Navy to the State.

Your Committees received testimony in opposition to this measure from the Kaho'olawe Island Reserve Commission (KIRC), the Office of Hawaiian Affairs, the Protect Kaho'olawe 'Ohana and its co-coordinator separately, the American Friends Service Committee, and four concerned citizens.

Your Committees find that the State will legally assume control of Kaho'olawe on November 12, 2003. For one hundred twenty days after that date the Navy will maintain access while KIRC implements its action plan.

Your Committees believe that since the State will be legally responsible and liable for the island as of November 12, it is vitally important that state officials ensure that the KIRC has taken all necessary steps to ensure the public safety and protect the State from any potential liability.

That being said, at the hearing on this measure there was substantial opposition to the creation of an oversight commission at this late stage of the process. Therefore, your Committees amended this measure and its title to create an advisory commission, rather than an oversight commission. The advisory commission will advise KIRC regarding areas within the advisory commission members' expertise.

Your Committees also amended this measure to require the KIRC to draft a comprehensive master plan for the transfer of the island, and to provide the Legislature with the master plan by August 31, 2003.

In addition, your Committees amended this measure to request that the Auditor conduct an audit of KIRC, so that the State can better review and understand KIRC's expenditures relating to its administration of the island. Your Committees also included a provision to request that the United States Navy provide the Auditor with all relevant materials relating to its administration of Kaho'olawe, so that the Auditor will have all necessary information when conducting its investigation.

Finally, your Committees also deleted three "resolved" clauses that were inconsistent with the amendments discussed above.

As affirmed by the records of votes of the members of your Committees on Transportation, Military Affairs, and Government Operations and Water, Land, and Agriculture that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 186, as amended herein, recommend that it be referred to the Committee on Judiciary and Hawaiian Affairs, in the form attached hereto as S.C.R. No. 186, S.D. 1.

 

Respectfully submitted on behalf of the members of the Committees on Transportation, Military Affairs, and Government Operations and Water, Land, and Agriculture,

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LORRAINE R. INOUYE, Chair

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CAL KAWAMOTO, Chair