SB 1677 is scheduled for a hearing

Just a few moments ago, we learned that earlier today, the House of Representatives scheduled Senate Bill 1677 for a hearing THIS FRIDAY!

This scheduling occurred a day after the Senate passed Senate Bill 1085, which is a much better bill than SB 1677. Go to tinyurl.com/KupuCast09-03-09 to watch the webcast where we discuss why SB 1085 is better than SB 1677.

Anyway, it is important that you copy and paste the below e-mail addresses and send out the e-mail below to:
WLOtestimony@capitol.hawaii.gov, JUDtestimony@capitol.hawaii.gov, mailinglist@capitol.hawaii.gov, repito@capitol.hawaii.gov, rephar@capitol.hawaii.gov, repcabanilla@capitol.hawaii.gov, repchang@capitol.hawaii.gov, repchong@capitol.hawaii.gov, repcoffman@capitol.hawaii.gov, repherkes@capitol.hawaii.gov, repclee@capitol.hawaii.gov, repluke@capitol.hawaii.gov, repmorita@capitol.hawaii.gov, repsagum@capitol.hawaii.gov, repching@capitol.hawaii.gov, repthielen@capitol.hawaii.gov, repkaramatsu@capitol.hawaii.gov, repbelatti@capitol.hawaii.gov, repcarroll@capitol.hawaii.gov, repmckelvey@capitol.hawaii.gov, repmizuno@capitol.hawaii.gov, repboshiro@capitol.hawaii.gov, repsouki@capitol.hawaii.gov, reptsuji@capitol.hawaii.gov, repwakai@capitol.hawaii.gov, repmarumoto@capitol.hawaii.gov

Please BCC us at kupuaina@gmail.com

Please cut and paste the e-mail template below

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[Insert Name Here]
House Committee on Water, Land & Ocean Resources
House Committee on Judiciary
Friday, March 13, 2009 at 2:00pm
SB 1677


Dear Committee Chair Ken Ito, Madame Vice-Chair Sharon Har and members of the Committee on Water, Land, & Ocean Resources,

Dear Committee Chair Jon Karamatsu, Vice-Chair Ken Ito, and members of the Committee on Judiciary,

My name is [insert name]. I submit testimony in support of Senate Bill 1677 on the condition that SB 1677 be amended to better reflect the Hawai‘i Legislature’s policy as defined in Senate Concurrent Resolution 40, passed by the Senate and adopted by the House of Representatives last month.

Through Senate Concurrent Resolution 40, as members of the Legislature, you

• urged the Governor to “withdraw the appeal to the United States Supreme Court of the Hawai‘i State Supreme Court decision” in the “ceded” lands case, and


• declared “the public policy of the State of Hawai‘i is to honor the decision of the Hawai‘i Supreme Court.”

Passing SB 1677, in its current form, does not reflect the public policy described in Senate Concurrent Resolution 40.

I urge you to add the language below to SB 1677:

      Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§171- Limitation on sale and transfers. The State shall not dispose of any lands in the public land trust, as described in subsection 171-18(a), whether by lease with option to purchase, sale, or exchange, except as provided in subsection 171-18(d); provided that the State may dispose of lands in the public land trust pursuant to subsection 171-18(c), if one of the following conditions is met:

      (1) The claims of the native Hawaiian people, as defined in the United States Apology Resolution, Pub. L. No. 103-150, 107 Stat. 1510 (1993), have been resolved;

      (2) The legislature finds pursuant to a concurrent resolution adopted by at least two-thirds majority vote of the members to which each house is entitled that the State no longer supports reconciliation between the State and the native Hawaiian people; or

      (3) The approval of the disposition of the public lands trust land by lease with option to purchase, sale, or exchange occurs after December 31, 2014."

In addition to the above language, I also urge you to add the language below:

      Notwithstanding any law to the contrary, the State, its political subdivisions, boards, agencies, departments, and entities created pursuant to state law, may hold or manage public land trust lands, as described in subsection (a), by lease, permit, license, easement, exchange, or set aside. In addition, upon the occurrence of an event as described in section 171- (1), (2), or (3), the State, its political subdivisions, boards, agencies, departments, and any other state entity may dispose of public land trust lands, whether by lease with option to purchase, sale, or exchange, provided that all of the following conditions are met:

      (1) The State establishes a compelling state interest for the disposition;

      (2) There is no reasonable alternate means to accomplish the compelling state interest;

      (3) The disposition is limited to accomplishing the compelling state interest; and

      (4) The disposition is approved by the legislature by concurrent resolution adopted by at least two-thirds majority vote of the members to which each house is entitled.

     The conditions described in subsection (c)(1) to (4) shall not prevent the State from:

      (1) Disposing of remnants, as defined in section 171-52;

      (2) Providing easements to public utilities and government agencies pursuant to section 171-95; or

      (3) Engaging in land exchanges pursuant to sections 171-50 and 171-51."

The above proposed language better reflects the public policy of our Legislature. Any and all text in the current form of SB 1677 that contradicts this proposed language should be omitted/stricken so as to recognize that the proposed language above is the language recognized in the Bill.

I urge you to pass 1677 only with amendments. I also urge you to schedule a hearing for SB 1085 which better reflects the public policy declared by our legislature.

Thank you for this opportunity to submit testimony.

[Insert your name]