Bill Text: HI HB458 | 2019 | Regular Session | Amended
Bill Title: Relating To Small Boat Harbors.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2019-02-13 - Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Holt, McDermott, Nakamura, Ward excused (4). [HB458 Detail]
Download: Hawaii-2019-HB458-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
458 |
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THIRTIETH LEGISLATURE, 2019 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SMALL BOAT HARBORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Kaho‘olawe island reserve commission is in need of funds so that it may fulfill its duty to protect the Kaho‘olawe island reserve. The legislature also finds that the commission is attempting to raise funds through the use of properties in Kihei, one of which is the site of a planned museum that informs visitors about Kaho‘olawe island. The legislature believes that more people, especially people who use the nearby Kihei launch ramp, are likely to visit these properties if the commission has management control over the Kihei launch ramp.
The purpose of this Act is to assist the Kaho‘olawe island reserve commission in its efforts by:
(1) Authorizing the board of land and natural resources to transfer to the Kaho‘olawe island reserve commission the board's duties to operate, administer, manage, and maintain the Kihei launch ramp, except for the issuance of certain permits and the collection of certain fees; and
(2) Authorizing the Kaho‘olawe island reserve commission to undertake the management of the Kihei launch ramp.
SECTION 2. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§200- Kihei launch ramp; transfer of duties. (a)
The board may transfer to the Kaho‘olawe
island reserve commission the board's duties under sections 200-2 and 200-3 to
operate, administer, manage, and maintain the Kihei launch ramp; provided that
all permits issued under section 200-10 shall remain under the statewide
boating program; and provided further that all fees collected shall be
deposited in the boating special fund.
(b) If the Kaho‘olawe island reserve commission assumes duties
pursuant to this section, the commission shall comply with this chapter and all
other applicable laws.
(c) Notwithstanding section 37-74(d), funds may
be transferred between the board and the Kaho‘olawe island reserve commission to the extent
necessary for the purposes of this section; provided that any transfer of funds
appropriated by the legislature shall be reported to the legislature pursuant
to section 37-74(d)(1).
(d) The board shall adopt rules, pursuant to chapter 91, necessary for the purposes of this section."
SECTION 3. Section 6K-6, Hawaii Revised Statutes, is amended to read as follows:
(1) Shall establish criteria, policies, and controls for permissible uses within the island reserve;
(2) Shall approve all contracts for services and rules pertaining to the island reserve;
(3) Shall provide advice to the governor, the department, and other departments and agencies on any matter relating to the island reserve;
(4) Shall provide advice to the office of planning and the department of the attorney general on any matter relating to the federal conveyance of Kaho‘olawe;
(5) May enter into curator or stewardship agreements with appropriate Hawaiian cultural and spiritual community organizations for the perpetuation of native Hawaiian cultural, religious, and subsistence customs, beliefs, and practices for the purposes stated in section 6K-3;
(6) Shall carry out those powers and duties otherwise conferred upon the board of land and natural resources and the land use commission with regard to dispositions and approvals pertaining to the island reserve. All powers and duties of the board of land and natural resources and the land use commission concerning dispositions and approvals pertaining to the island reserve are transferred to the commission;
(7) Shall carry out those powers and duties concerning the island reserve otherwise conferred upon the county of Maui by chapter 205A. The powers and duties of the county of Maui and its agencies concerning coastal zone dispositions and approvals pertaining to the island reserve are transferred to the commission;
(8) Shall carry out those powers and duties concerning the island reserve otherwise conferred upon the island burial councils and the department with regard to proper treatment of burial sites and human skeletal remains found in the island reserve;
(9) May
operate, administer, manage, and maintain the Kihei launch ramp pursuant to
section 200- ;
[(9)] (10) Shall adopt rules in accordance with chapter 91
that are necessary for the purposes of this chapter and shall maintain a record
of its proceedings and actions;
[(10)] (11) May delegate to the executive director or
employees of the commission, by formal commission action, such power and
authority vested in the commission by this chapter as the commission deems
reasonable and proper for the effective administration of this chapter; and
[(11)] (12) May solicit and accept grants, donations, and
contributions for deposit into the Kaho‘olawe rehabilitation trust
fund to support the purposes of this chapter."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
BLNR; Kaho‘olawe Island Reserve Commission; Kihei Launch Ramp
Description:
Authorizes the transfer of operations, administration, management, and maintenance of the Kihei Launch Ramp from BLNR to the Kaho‘olawe Island Reserve Commission. Preserves DLNR authority to issue permits and collect fees due to the Boating Special Fund.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
