Bill Text: HI HB769 | 2010 | Regular Session | Introduced
Bill Title: Kewalo Basin; Jurisdiction
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB769 Detail]
Download: Hawaii-2010-HB769-Introduced.html
Report Title:
Kewalo Basin; Jurisdiction
Description:
Transfers from the Hawaii Community Development Authority and the Department of Transportation to an unspecified agency the sole jurisdiction and administrative responsibility for the management of the maritime uses and submerged lands within Kewalo Basin and the immediately surrounding fast lands.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
769 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO KEWALO BASIN.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in 1990, the legislature conveyed to the Hawaii community development authority all state-owned lands lying in the area makai of Ala Moana boulevard from the ewa side of Ala Moana park to the property line between Pier 2 and Pier 4 (makai area). This area includes the Kewalo basin, a harbor facility used primarily for the berthing of commercial vessels. The department of transportation continues to manage Kewalo basin even after its conveyance to the Hawaii community development authority.
The legislature recognizes that use of Kewalo basin may become more vital to the fishing industry of the state as Honolulu harbor reaches its capacity in the immediate future. The department of transportation is completely occupied with major shipping interests and cannot undertake the management of a smaller commercial harbor at this time, although some commercial activities at Kewalo basin and Honolulu harbor are intertwined.
The legislature further finds that management of Kewalo basin for smaller commercial vessels should be handled by a more appropriately suited state agency.
The purpose of this Act is to establish the as the agency responsible for the management of Kewalo basin and the immediately surrounding fast lands.
SECTION 2. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§200- Kewalo basin; management. Any law to the contrary notwithstanding, the shall have sole jurisdiction and administrative responsibility for the management of the maritime uses and submerged lands within Kewalo basin and the immediately adjacent fast lands out to the Ala Moana park wall on the diamond head side and out to the first street in all other directions."
SECTION 3. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§206E- Kewalo basin; management. Any law to the contrary notwithstanding, the shall have sole jurisdiction and administrative responsibility for the management of the maritime uses and submerged lands within Kewalo basin and the immediately adjacent fast lands out to the Ala Moana park wall on the diamond head side and out to the first street in all other directions."
SECTION 4. All rights, powers, functions, and duties of the Hawaii community development authority and the department of transportation with regard to the management of the maritime uses and submerged lands within Kewalo basin and the immediately adjacent fast lands out to the Ala Moana park wall on the diamond head side and out to the first street in all other directions are transferred to the .
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 5. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Hawaii community development authority or the department of transportation relating to the functions transferred by this Act to the shall be transferred with the functions to which they relate.
SECTION 6. All rules, policies, procedures, guidelines, and other material adopted or developed by the Hawaii community development authority or the department of transportation with respect to the management of the maritime uses and submerged lands within Kewalo basin and the immediately adjacent fast lands out to the Ala Moana park wall on the diamond head side and out to the first street in all other directions shall remain in full force and effect until amended or repealed by the pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the Hawaii community development authority and the department of transportation in those rules, policies, procedures, guidelines, and other material as they relate to the management of the maritime uses and submerged lands within Kewalo basin and the immediately adjacent fast lands out to the Ala Moana park wall on the diamond head side and out to the first street in all other directions is amended to refer to the or the of , as appropriate.
SECTION 7. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.
SECTION 8. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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