CONFERENCE COMMITTEE REP. NO. 149-08

 

Honolulu, Hawaii

                 , 2008

 

RE:    H.B. No. 2872

       S.D. 2

       C.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

 

Sir and Madam:

 

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2872, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO PUBLIC 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 ensure the timely maintenance and repair of recreational cabins of historic and cultural importance at the Kokee and Waimea Canyon State Parks by amending the procedure for leasing state park or forest reserve lands for recreation-residence use.  Specifically, this bill allows the Board of Land and Natural Resources (BLNR) to offer by public auction 20-year maximum leases, and allow the most recent occupant to match the winning bid.  This bill also allows BLNR to limit this public auction to full-time Hawaii residents, and impose restrictions on the transferability of the leases.

 

     Your Committee on Conference has amended this bill by, among other things:

 

(1)  Replacing the statutory authorization to BLNR to offer leases by public auction with a one-time process for the offering of 20-year minimum term recreation-residence use leases on public lands at state parks or state forest reserves in counties with a population of less than 100,000 to existing leaseholders by direct negotiation within three months of the effective date of this Act;

 

(2)  Requiring that the one-time lease offerings be based on market rates for land and buildings pursuant to section 171-17(b), Hawaii Revised Statutes, relating to appraisals, and allowing existing lessees to provide counter-offers based on their own certified appraisals; and

 

(3)  Establishing a Kokee State Park Advisory Council to:

 

(A)  Assist with the updating, revision, and implementation of the Kokee State Park Master Plan;

 

(B)  Assist in the management of the Kokee recreational cabin leases;  

 

(C)  Enhance community education and cultural awareness of Kokee State park; and

 

(D)  Participate in the protection and preservation of Kokee State Parks' natural and cultural resources.

 

     It is the intent of your Committee on Conference for the provisions in this bill to apply not only to lessees under current leases, but also those lessees who are currently occupying the land even though their leases have expired and may currently be holdover tenants.

 


     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. 2872, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2872, S.D. 2, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE SENATE

 

ON THE PART OF THE HOUSE

 

____________________________

CLAYTON HEE, Chair

 

____________________________

KEN ITO, Co-Chair

____________________________

ROSALYN H. BAKER, Co-Chair

 

____________________________

JON RIKI KARAMATSU, Co-Chair