Bill Text: HI SB2356 | 2012 | Regular Session | Introduced

---

Bill Title: DOA; Agribusiness Development Corporation; Title Transfer

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2012-01-23 - (S) Referred to AGL/WLH, WAM. [SB2356 Detail]

Download: Hawaii-2012-SB2356-Introduced.html

---

THE SENATE	S.B. NO.	2356
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to public land.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 141-1, Hawaii Revised Statutes, is amended to read as follows:

     "§141-1  Duties in general.  The department of agriculture shall:

     (1)  Gather, compile, and tabulate, from time to time, information and statistics concerning:

         (A)  Entomology and plant pathology:  Insects, scales, blights, and diseases injurious or liable to become injurious to trees, plants, or other vegetation, and the ways and means of exterminating pests and diseases already in the State and preventing the introduction of pests and diseases not yet here; and

         (B)  General agriculture:  Fruits, fibres, and useful or ornamental plants and their introduction, development, care, and manufacture or exportation, with a view to introducing, establishing, and fostering new and valuable plants and industries;

     (2)  Encourage and cooperate with the agricultural extension service and agricultural experiment station of the University of Hawaii and all private persons and organizations doing work of an experimental or educational character coming within the scope of the subject matter of chapters 141, 142, and 144 to 150A, and avoid, as far as practicable, duplicating the work of those persons and organizations;

     (3)  Enter into contracts, cooperative agreements, or other transactions with any person, agency, or organization, public or private, as may be necessary in the conduct of the department's business and on such terms as the department may deem appropriate; provided that the department shall not obligate any funds of the State, except the funds that have been appropriated to the department.  Pursuant to cooperative agreement with any authorized federal agency, employees of the cooperative agency may be designated to carry out, on behalf of the State the same as department personnel, specific duties and responsibilities under chapters 141, 142, 150A, and rules adopted pursuant to those chapters, for the effective prosecution of pest control and animal disease control and the regulation of import into the State and intrastate movement of regulated articles;

     (4)  Secure copies of the laws of other states, territories, and countries, and other publications germane to the subject matters of chapters 141, 142, and 144 to 150A, and make laws and publications available for public information and consultation;

     (5)  Provide buildings, grounds, apparatus, and appurtenances necessary for the examination, quarantine, inspection, and fumigation provided for by chapters 141, 142, and 144 to 150A; for the obtaining, propagation, study, and distribution of beneficial insects, growths, and antidotes for the eradication of insects, blights, scales, or diseases injurious to vegetation of value and for the destruction of injurious vegetation; and for carrying out any other purposes of chapters 141, 142, and 144 to 150A;

     (6)  Formulate and recommend to the governor and legislature additional legislation necessary or desirable for carrying out the purposes of chapters 141, 142, and 144 to 150A;

     (7)  Publish at the end of each year a report of the expenditures and proceedings of the department and of the results achieved by the department, together with other matters germane to chapters 141, 142, and 144 to 150A and that the department may deem proper;

     (8)  Administer a program of agricultural planning and development, including the formulation and implementation of general and special plans, including but not limited to the functional plan for agriculture; administer the planning, development, and management of the agricultural park program; plan, construct, operate, and maintain the state irrigation water systems; review, interpret, and make recommendations with respect to public policies and actions relating to agricultural land and water use; assist in research, evaluation, development, enhancement, and expansion of local agricultural industries; and serve as liaison with other public agencies and private organizations for the above purposes.  In the foregoing, the department shall act to conserve and protect agricultural lands and irrigation water systems, promote diversified agriculture, increase agricultural self-sufficiency, and ensure the availability of agriculturally suitable lands; [and]

     (9)  Manage, administer, and exercise control over any public lands, as defined under section 171-2, that are designated important agricultural lands pursuant to section 205-44.5, including but not limited to establishing priorities for the leasing of these public lands within the department's jurisdiction[.]; and

    (10)  By January 1, 2013, transfer title for all arable public lands under its jurisdiction that are not used by the department for its offices or other administrative purposes to the agribusiness development corporation, pursuant to section 163D-16(d) and (e)."

     SECTION 2.  Section 163D-16, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§163D-16[]]  Use of public lands; acquisition of state lands[.]; transfer of title.  (a)  Notwithstanding chapter 171 to the contrary, the governor may transfer lands located within a project area to the corporation for its use.

     (b)  If state lands under the control and management of other public agencies are required by the corporation for its purposes, the agency having the control and management of those required lands, upon request by the corporation and with the approval of the governor, may lease the lands to the corporation upon such terms and conditions as may be agreed to by the parties.

     (c)  Notwithstanding subsection (b) to the contrary, no public lands shall be leased to the corporation if the lease would impair any covenant between the State or any county, or any department or board thereof, and the holders of bonds issued by the State or the county, department, or board.

     (d)  Notwithstanding chapter 171 or any provision of this chapter to the contrary, the department of agriculture shall:

     (1)  By January 1, 2013, transfer title for all arable public lands under its jurisdiction to the corporation for purposes of this chapter; and

     (2)  Establish a standard instrument to document titles that have been transferred to the corporation.  The standard instrument shall include:

         (A)  The location of the transferred land by metes and bounds, tax map key number, or both;

         (B)  The size of the transferred land, rounded to the nearest acre;

         (C)  The date that the transferred land was acquired by the department;

         (D)  If the transferred land is subject to a lease, the name of the lessee, the date that the lease was executed, the date that the lease expires, and the nature of the business transacted on the transferred land;

         (E)  The transferred land's state land use, state land classification, and county zoning designation;

         (F)  A description of all natural resources, including minerals and water, located on or appurtenant to the transferred land;

         (G)  A description of every easement, covenant, regulatory condition, or other benefit or servitude to which the transferred land is entitled or subject; and

         (H)  A description of all leases, uses, or other dispositions to which the transferred land has been put.

     (e)  For lands for which the department of agriculture has transferred title to the corporation under subsection (d), the department shall retain all regulatory and enforcement functions and the corporation shall assume all commercial and revenue-generating functions."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2012.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

DOA; Agribusiness Development Corporation; Title Transfer

 

Description:

Requires DOA to transfer title for all arable public lands under its jurisdiction to the agribusiness development corporation.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.