Bill Text: HI SB643 | 2010 | Regular Session | Amended
Bill Title: DLNR; DHHL; Transfer of Management; Kahana Valley State Park
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB643 Detail]
Download: Hawaii-2010-SB643-Amended.html
Report Title:
DLNR; DHHL; Transfer of Management; Kahana Valley State Park
Description:
Transfers management of Kahana valley state park from the department of land and natural resources to the department of Hawaiian home lands. (SD2)
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THE SENATE |
S.B. NO. |
643 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to transfer the management of Kahana valley state park from the department of land and natural resources to the department of Hawaiian home lands.
SECTION 2. Section 204.5 of the Hawaiian Homes Commission Act, 1920, as amended, is amended to read as follows:
"§204.5. Additional powers. In addition and supplemental to the powers granted to the department by law, and notwithstanding any law to the contrary, the department may:
(1) With the approval of the governor, undertake and carry out the development of any Hawaiian home lands available for lease under and pursuant to section 207 of this Act by assembling these lands in residential developments and providing for the construction, reconstruction, improvement, alteration, or repair of public facilities therein, including, without limitation, streets, storm drainage systems, pedestrian ways, water facilities and systems, sidewalks, street lighting, sanitary sewerage facilities and systems, utility and service corridors, and utility lines, where applicable, sufficient to adequately service developable improvements therein, sites for schools, parks, off-street parking facilities, and other community facilities;
(2) With the approval of the governor, undertake and carry out the development of available lands for homestead, commercial, and multipurpose projects as provided in section 220.5 of this Act, as a developer under this section or in association with a developer agreement entered into pursuant to this section by providing for the construction, reconstruction, improvement, alteration, or repair of public facilities for development, including, without limitation, streets, storm drainage systems, pedestrian ways, water facilities and systems, sidewalks, street lighting, sanitary sewerage facilities and systems, utility and service corridors, and utility lines, where applicable, sufficient to adequately service developable improvements therein, sites for schools, parks, off-street parking facilities, and other community facilities;
(3) With the approval of the governor, designate by
resolution of the commission all or any portion of a development or multiple
developments undertaken pursuant to this section an "undertaking"
under part III of chapter 39, Hawaii Revised Statutes; [and]
(4) Manage Kahana valley state park, described as being in tax map key parcels 5-2-01:1, 5-2-02:all, and 5-2—5:1, 3, and 21, with the terms and conditions for long-term leases in effect on July 1, 2009, to remain in effect until expiration of the leases, and new leases to be entered into pursuant to Act 5, Session Laws of Hawaii 1987, as amended; and
[(4)] (5) Exercise the powers granted
under section 39-53, Hawaii Revised Statutes, including the power to issue
revenue bonds from time to time as authorized by the legislature.
All provisions of part III of chapter 39, Hawaii Revised Statutes, shall apply to the department and all revenue bonds issued by the department shall be issued pursuant to the provisions of that part, except these revenue bonds shall be issued in the name of the department, and not in the name of the State.
As applied to the department, the term "undertaking" as used in part III of chapter 39 shall include a residential development or a development of homestead, commercial, or multipurpose projects under this Act. The term "revenue" as used in part III of chapter 39, shall include all or any portion of the rentals derived from the leasing of Hawaiian home lands or available lands, whether or not the property is a part of the development being financed."
SECTION 3. Section 171-3, Hawaii Revised Statutes, is amended to read as follows:
"§171-3 Department of land and natural
resources. (a) The department of land and natural resources shall be
headed by an executive board to be known as the board of land and natural
resources. The department shall manage, administer, and exercise control over
public lands, the water resources, ocean waters, navigable streams, coastal
areas (excluding commercial harbor areas), and minerals and all other interests
therein and exercise [such] powers of disposition thereof as may be
authorized by law. The department shall also manage and administer the state
parks, historical sites, forests, forest reserves, aquatic life, aquatic life
sanctuaries, public fishing areas, boating, ocean recreation, coastal programs,
wildlife, wildlife sanctuaries, game management areas, public hunting areas,
natural area reserves, and other functions assigned by law.
(b) Notwithstanding subsection (a), beginning January 1, 2010, the authority to manage, administer, and exercise control over any public lands that are designated important agricultural lands pursuant to section 205-44.5, shall be transferred to the department of agriculture.
(c) Notwithstanding subsection (a), beginning July 1, 2009, all authority to manage Kahana valley state park shall be transferred to the department of Hawaiian home lands."
SECTION 4. Act 5, Session Laws of Hawaii 1987, as amended by Act 238, Session Laws of Hawaii 1988, as amended by Act 23, Session Laws of Hawaii 1989, as amended by Act 106, Session Laws of Hawaii 1991, as amended by Act 58, Session Laws of Hawaii 1992, as amended by Act 177, Session Laws of Hawaii 1993, is amended by amending sections 1, 2, 3, 4, 5, and 6 to read as follows:
"SECTION 1. Findings and purpose. The
legislature finds that Kahana Valley State Park possesses unique historical and
natural resources and persons long associated with Kahana Valley who are
knowledgeable and qualified to interpret for the general public the
significance of these resources for the public's benefit and enjoyment. Accordingly,
the purpose of this Act is to authorize the [department of land and natural
resources] department of Hawaiian home lands to directly issue
long-term residential leases to those qualified persons now residing in Kahana
Valley on the condition that these qualified persons participate in Kahana
Valley State Park's interpretive programs for the public.
SECTION 2. The [department of land and
natural resources] department of Hawaiian home lands is hereby
authorized to negotiate and enter into long-term residential leases not to
exceed [sixty-five] ninety-nine years in duration with persons
who meet the following criteria:
(1) Persons who at the time of enactment of this Act reside in Kahana Valley on land acquired for Kahana Valley State Park and have lived continuously on this land since before 1970; or
(2) Persons who on [the effective date of this Act
have] April 13, 1987 had permits issued by the department of land
and natural resources allowing them to reside on designated parcels of land
acquired for Kahana Valley State Park.
SECTION 3. In exchange for the State's
long-term leases, all qualified persons shall agree to be an essential part of
the interpretive programs in Kahana Valley State Park as directed by the [department
of land and natural resources.] department of Hawaiian home lands.
All qualified persons so agreeing shall provide services in interpretive
program activities pursuant to this Act as volunteers and not as employees of
the State. The [department of land and natural resources is required to]
department of Hawaiian home lands shall establish a monitoring system
and enforcement mechanism to insure compliance with these agreements.
SECTION 4. The lands eligible for long-term
residential lease negotiations under the provisions of this Act are limited to
those located in tax map key parcels 5-2-01:1, 5-2-02:a11, and 5-2-05:1 [and],
3, and 21, [situate] situated at Kahana Valley and as further
determined by the [board of land and natural resources.] department
of Hawaiian home lands.
SECTION 5. The [department of land and
natural resources] department of Hawaiian home lands is authorized
to subdivide and provide for the creation of a residential subdivision in
Kahana Valley for persons who receive long-term leases under the provisions of
this Act, which shall be exempt from all statutes, ordinances, charter
provisions, and rules of any governmental agency relating to zoning and
construction standards for subdivisions, the development and improvement of
land, and the construction of units thereon; provided that the [department
of land and natural resources] department of Hawaiian home lands
finds the project is consistent with the findings and purpose of this Act and
the project meets minimum requirements of health and safety.
SECTION 6. Notwithstanding any other law to
the contrary, [including chapter 171, Hawaii Revised Statutes, the department
of land and natural resources] the department of Hawaiian home lands
is authorized to negotiate and enter into lease agreements in accordance with
the provisions and limitations of this Act[; provided that the authority
granted by this Act shall expire (1) when leases have been negotiated and
recorded in the bureau of conveyances for all parcels meeting the criteria in
this Act, or (2) on January 1, 1994, whichever occurs first.] and the
Hawaiian Homes Commission Act, 1920, as amended."
SECTION 5. All rights, powers, functions, and duties of management of Kahana valley state park of the department of land and natural resources are transferred to the department of Hawaiian home lands.
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 the officer or employee possesses the minimum qualifications for the position that the employee is transferred or appointed to.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not 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 6. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property made, used, acquired, or held by the department of land and natural resources relating to the functions transferred to the department of Hawaiian home lands shall be transferred with the functions to which they relate.
SECTION 7. The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and effectiveness of the remainder of these amendments or the application thereof shall not be affected.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 2050.
