Bill Text: HI SB1477 | 2023 | Regular Session | Introduced
Bill Title: Relating To Government Property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-16 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB1477 Detail]
Download: Hawaii-2023-SB1477-Introduced.html
THE SENATE |
S.B. NO. |
1477 |
THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to GOVERNMENT PROPERTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The
legislature notes that, in addition to possessing the capability to allocate
funding from permit fees back to the small boat harbor facilities, the county
of Maui also has access to additional revenue that could be allocated to the
small boat harbors. The legislature also
recognizes that many transportation expansion options that are being considered
by the county of Maui would rely on these small boat harbors. If these harbors were to be transferred to
the county of Maui, the small boat harbors would allow the county to
synchronize its transportation systems on all three islands within the county.
The
legislature believes that support from users of these small boat harbors and
the potential for integration of the small boat harbor facilities into the
county's transportation systems necessitate the transfer of these small boat
harbors to the county of Maui and further believes that these transfers will
help to create a system of governance, responsiveness, and additional support
for the affected wharfs, launching ramps, and small boat harbors.
Accordingly,
the purpose of this Act is to transfer certain wharfs, launching ramps, and
small boat harbors from the department of land and natural resources to the
county of Maui.
SECTION 2. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§200-
Wharfs, launching ramps,
and small boat harbors; transfer of duties.
(a) The board
shall transfer its duties under sections 200-2 and 200-3 that pertain to the
operation, administration, and maintenance of the following state wharfs, launching
ramps, and small boat harbors to the department having jurisdiction over
transportation services of the county in which each wharf, launching ramp, or
small boat harbor is located:
(1) Lahaina small boat harbor;
(2) Manele small boat harbor;
(3) Mala wharf and ramp;
(4) Maalaea small boat harbor; and
(5) Kihei ramp.
(b) Each county that assumes duties pursuant to
this section:
(1) Shall
comply with this chapter and all other applicable laws; and
(2) May
adopt rules or ordinances, or both, regarding the issuance of permits for the
use of the wharfs, launching ramps, or small boat harbors transferred under
this section, including the imposition of fees and penalties.
(c) The board shall adopt rules, pursuant to chapter 91, necessary for the purposes of this section."
SECTION 3. All employees who occupy civil service positions and whose functions are transferred to the county of Maui by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The director of transportation of the county of Maui may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.
SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of land and natural resources relating to the functions transferred to the department of transportation of the county of Maui shall be transferred with the functions to which they relate.
SECTION 5. There is appropriated out of the
boating special fund the sum of
$ or so much
thereof as may be necessary for fiscal year 2023-2024 for the purposes of this
Act and fulfilling the State's obligation to comply with Article VIII,
section 4 of the state constitution.
The
sum appropriated shall be expended by the county of Maui for the purposes of
this Act.
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Board of Land and Natural Resources; DLNR; Counties; Wharfs; Launching Ramps; Small Boat Harbors; Transfer; Appropriation
Description:
Transfers from the Department of Natural Resources certain wharfs, launching ramps, and small boat harbors on Maui to the County of Maui with the corresponding revenue from those harbors.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.