Bill Text: HI HB2556 | 2016 | Regular Session | Introduced
Bill Title: Mauna Kea Management; DLNR
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-01 - Referred to HED, WAL, FIN, referral sheet 5 [HB2556 Detail]
Download: Hawaii-2016-HB2556-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2556 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
related to mauna kea lands management.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 171, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . mauna kea lands
§171-A Definitions. As used in this subpart:
"Fees" includes rents on leases of Mauna Kea lands, moneys received for use of Mauna Kea lands, moneys attributable to commercial activities on Mauna Kea lands, and moneys received for the use of facilities and programs on Mauna Kea lands.
"Mauna Kea lands" means the lands that the University of Hawaii formerly leased from the board of land and natural resources, including the Mauna Kea Science Reserve, Hale Pohaku, the connecting roadway corridor between Hale Pohaku and the Mauna Kea Science Reserve, and any other lands on Mauna Kea that the University of Hawaii formerly leased or over which the University of Hawaii formerly acquired control or jurisdiction.
§171-B Mauna Kea lands; fees; lease agreements. (a) The board may charge a fee for use of the Mauna Kea lands and for the use of facilities and programs related to the Mauna Kea lands.
(b) The board may enter into lease agreements for the Mauna Kea lands; provided that any lessee, including the University of Hawaii, shall comply with all statutory requirements in the disposition of ceded lands.
(c) In establishing the fees, the board shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91; provided that the fees shall be established at an open public meeting pursuant to chapter 92. The fees shall be deposited into the Mauna Kea lands management special fund established under section 304A-F.
§171-C Mauna Kea lands rules. The board may adopt rules pursuant to chapter 91 to regulate public and commercial activities on Mauna Kea lands.
In adopting these rules, the board shall:
(1) Strive for consistency with the administrative rules of the division of forestry and wildlife of the department related to forest reserves and natural area reserves;
(2) Consult with the office of Hawaiian affairs to ensure that these rules shall not affect any right, customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupuaa tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate these rights; and
(3) Hold at least one public hearing, in addition to the public hearing at which decision making on the proposed rule is made, on the island of Hawaii.
§171-D Violations; penalties; costs; collection. (a) In consultation with the office of Hawaiian affairs, the board may set and provide for the assessment and collection of administrative fines for violations of this subpart or rules adopted hereunder; provided that the fines shall be set as follows:
(1) For the first violation, not more than $2,500;
(2) For the second violation within five years of a previous violation, not more than $5,000; and
(3) For the third violation within five years of a prior violation and any subsequent violation, not more than $10,000.
(b) Each day that the violation continues shall constitute a separate offense.
(c) The costs of any enforcement proceedings, including the costs of contested case proceedings, may be assessed against a party found to be in violation.
(d) Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.
§171-E Mauna Kea lands; reporting requirements. The board shall report annually to the legislature, no later than twenty days prior to the convening of each regular session, on the Mauna Kea lands activities, current and pending lease agreements and fees, the status of current and pending administrative rules, income and expenditures of the Mauna Kea lands special fund established in section 304A-F, and any other issues that may impact the activities of the Mauna Kea lands.
§171-F Mauna Kea lands management special fund. (a) There is established the Mauna Kea lands management special fund, into which shall be deposited:
(1) Appropriations by the legislature;
(2) All net rents from leases, licenses, and permits, including fees and charges for the use of land and facilities within the Mauna Kea lands;
(3) All moneys collected for violations of this part; and
(4) Interest earned or accrued on moneys in the special fund.
(b) The proceeds of the special fund shall be used for:
(1) Managing the Mauna Kea lands, including maintenance, administrative expenses, salaries and benefits of employees, contractor services, supplies, security, equipment, janitorial services, insurance, utilities, and other operational expenses; and
(2) Enforcing administrative rules adopted relating to the Mauna Kea lands.
(c) No moneys deposited into the Mauna Kea lands management special fund may be used by the governor or the director of finance as a justification for reducing any budget request or allotment to the department unless the department requests the reduction.
(d) The department may establish separate accounts within the special fund for major program activities.
(e) All expenditures from the special fund shall be subject to legislative appropriation.
§171-G Office of Mauna Kea management; Mauna Kea management commission; established. (a) There is established the office of Mauna Kea management to be placed within the department to assist the board in regulating public, scientific, cultural, and commercial activities on Mauna Kea lands.
(b) There is established the Mauna Kea management commission to be placed within the office of Mauna Kea management that shall consist of seven members to be appointed in the manner and to serve for the terms provided in section 26-34; provided that:
(1) One member shall be a member of the Kahu Ku Mauna advisory council;
(2) Two members shall be appointed by the governor from a list provided by the Kahu Ku Mauna advisory council;
(3) One member shall be a trustee or representative of the office of Hawaiian affairs;
(4) One member shall be a county official appointed by the governor from a list provided by the mayor of the county of Hawaii;
(5) One member shall be the chairperson of the board of land and natural resources; and
(6) One member shall be appointed by the governor from a list provided by native Hawaiian organizations.
(b) The governor shall appoint the chairperson from among the members of the office.
(c) The members of the office shall serve without pay but shall be reimbursed for their actual and necessary expenses, including travel expenses, incurred in carrying out their duties.
(d) Any action taken by the office shall be approved by a simple majority of its members. Four members shall constitute a quorum to do business.
(e) The office, without regard to the requirements of chapter 76, may hire employees necessary to perform its duties."
SECTION 2. Chapter 304A, part IV, subpart O, Hawaii Revised Statutes, is repealed.
SECTION 3. Section 304A-2170, Hawaii Revised Statutes, is repealed.
["[§304A-2170] Mauna Kea lands
management special fund. (a) There is established the Mauna Kea
lands management special fund, into which shall be deposited:
(1) Appropriations by the legislature;
(2) All net rents from leases, licenses,
and permits, including fees and charges for the use of land and facilities
within the Mauna Kea lands;
(3) All moneys collected for violations of
subpart O of part IV; and
(4) Interest earned or accrued on moneys in
the special fund.
(b) The proceeds of the special fund shall
be used for:
(1) Managing the Mauna Kea lands, including
maintenance, administrative expenses, salaries and benefits of employees,
contractor services, supplies, security, equipment, janitorial services,
insurance, utilities, and other operational expenses; and
(2) Enforcing administrative rules adopted
relating to the Mauna Kea lands.
(c) No moneys deposited into the Mauna Kea
lands management special fund may be used by the governor or the director of
finance as a justification for reducing any budget request or allotment to the
University of Hawaii unless the University of Hawaii requests the reduction.
(d) The University of Hawaii may establish
separate accounts within the special fund for major program activities.
(e) All expenditures from the special fund
shall be subject to legislative appropriation.
(f) For the purposes of this section,
"Mauna Kea lands" shall mean the same as defined in section
304A-1901."]
SECTION 4. Within thirty days of the effect date of this Act, University of Hawaii is directed to transfer the lease over the Mauna Kea lands back to the board of land and natural resources.
SECTION 5. All rights, powers, functions, and duties of the University of Hawaii with regard to the management of the Mauna Kea lands are transferred to the department of land and natural resources.
All employees who occupy civil service positions and whose functions are transferred to the department of land and natural resources 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 chairperson of the board of land and natural resources may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.
SECTION 6. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the University of Hawaii relating to the functions transferred to the department of land and natural resources shall be transferred with the functions to which they relate.
SECTION 7. All rules, policies, procedures, guidelines, and other material adopted or developed by the University of Hawaii to implement provisions of the Hawaii Revised Statutes which are reenacted or made applicable to the department of land and natural resources by this Act, shall remain in full force and effect until amended or repealed by the department of land and natural resources pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the University of Hawaii or the board of regents of the University of Hawaii in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of land and natural resources or board of land and natural resources, as appropriate.
SECTION 8. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 9. Statutory material to be repealed is bracketed and stricken.
SECTION 10. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Mauna Kea Management; DLNR
Description:
Transfers the management of Mauna Kea lands back to DLNR. Establishes the office of Mauna Kea Management in DLNR and the Mauna Kea management commission within the office.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
