STAND. COM. REP. NO.  460

Honolulu, Hawaii

                , 2015

RE:   H.B. No. 515

      H.D. 2

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 515, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO REMNANTS,"

begs leave to report as follows:

The purpose of this measure is to ensure that the disposition of remnants of public land complies with the State's constitutional mandate under the public land trust by:

(1)  Clarifying the definition of the term "remnant" for purposes relating to the disposition of public lands; and

(2)  Placing conditions on the alienation of remnants that would violate the State's public land trust obligation or when such remnants contain resources necessary for the exercise of native Hawaiian subsistence, cultural, or religious practices.

The Office of Hawaiian Affairs submitted testimony in support of this measure.  The Department of Land and Natural Resources provided comments in opposition to this measure.

     Your Committee has amended this measure by:

(1)  Deleting the requirement for an attorney general's determination of whether the parcel poses a significant and unavoidable risk of liability; and

(2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 515, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 515, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

KARL RHOADS, Chair