STAND. COM. REP. NO. 1536

 

Honolulu, Hawaii

                  

 

RE:    S.C.R. No. 102

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Ways and Means, to which was referred S.C.R. No. 102 entitled:

 

"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,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to request the Auditor to conduct an audit of the Kapiolani Park Trust to evaluate its governance structure and to 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.

 

     Your Committee received written comments in support of this measure from two individuals.  The City and County of Honolulu submitted written comments in opposition to the measure.

 

     Your Committee finds that, in 1896, Kapiolani Park was established as a public charitable trust to be maintained as a free public park and recreation ground for the general public.  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.  Your Committee believes that the Auditor's report requested by this measure will better enable the general public, as sole beneficiary of the Kapiolani Park Trust, and the members of the Honolulu City Council, as trustees, to identify acceptable uses of Kapiolani Park and to maintain transparency and accountability.

 

     Your Committee has amended this measure by deleting the eleventh, twelfth, and thirteenth WHEREAS clauses.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 102, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 102, S.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

 

 

____________________________

DAVID Y. IGE, Chair