Bill Text: HI SB2669 | 2014 | Regular Session | Introduced

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Bill Title: Mauna Kea State Recreational Area; DLNR; Lease; County of Hawaii

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-02-03 - The committee on HWN deferred the measure. [SB2669 Detail]

Download: Hawaii-2014-SB2669-Introduced.html

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THE SENATE	S.B. NO.	2669
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO MAUNA KEA STATE RECREATIONAL AREA.

 

 

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

 

     SECTION 1.  Purpose.  The purpose of this Act is to require the department of land and natural resources to enter into negotiations with the county of Hawaii for the lease of Mauna Kea state recreational area to the county.

     The legislature finds that the county of Hawaii would be a better steward of this public land than the department of land and natural resources.  Consequently, the legislature finds that the responsibility for managing Mauna Kea state recreational area should be transferred to the county of Hawaii.

     Notwithstanding these findings, the legislature does not authorize or support the transfer by sale or otherwise of the fee simple title to Mauna Kea state recreational area.  In general, the legislature does not support alienating permanently the State's public land assets.  The legislature believes that public land should be held, managed, and operated for the public's best interest.  Furthermore, the legislature does not intend to diminish the ceded land corpus or cause the State to abdicate its fiduciary responsibility to native Hawaiians.

     The legislature notes that this Act requires a portion of the gross revenues derived by the county of Hawaii from the leased public land to be transmitted to the State to become state realizations.  The legislature intends that the revenues, whether or not generated from activity on ceded land, be deemed part of the pro rata portion of public land trust revenues transmitted to the office of Hawaiian affairs.

     SECTION 2.  Definitions.  For the purposes of this Act:

     "Board" means the board of land and natural resources.

     "County" means the county of Hawaii.

     "Department" means the department of land and natural resources.

     "Subject public land" means Mauna Kea state recreational area, identified as tax map key SRA 4-4-16:03 por., located in the county of Hawaii.  Notwithstanding section 171-2(3), Hawaii Revised Statutes, or any other law to the contrary, "subject public land" includes land located within Mauna Kea state recreational area that is used for roads, streets, or highways.

     SECTION 3.  Long-term lease of subject public land; negotiations, approval.  (a)  Notwithstanding chapter 171, Hawaii Revised Statutes, or any other law to the contrary, the department shall in good faith negotiate with the county to lease the subject public land to the county.

     (b)  If the department and the county reach an agreement pursuant to subsection (a), the department shall submit the proposed lease to the board for its review and approval.  The county shall submit the proposed lease to the appropriate county officer or body, the review and approval of which is required under county charter or ordinance.

     The lease shall take effect only upon the approval of the board and appropriate county officer or body.

     Notwithstanding any law to the contrary, legislative approval of the lease shall not be required.

     SECTION 4.  Conditions of lease.  (a)  The lease entered into pursuant to section 3 of this Act shall conform with the following conditions:

     (1)  The term of the lease shall be at least       years, but not more than       years; except that the lease may provide for termination before       years for any violation of the lease;

     (2)  The lease rent to be charged to the county shall be $1 per year;

     (3)  The lease and subject public land shall be subject to chapter 171, Hawaii Revised Statutes; provided that, in the lease, the board and department may delegate any of their authority under chapter 171, Hawaii Revised Statutes, over the subject public land to the county;

     (4)  Of the gross revenues derived by the county from any sublease or rental of or concession on the subject public land, or sale, lease, rental, or other disposition of property or services on or flowing from the subject public land,       per cent shall be transmitted by the county to the state director of finance.  The county shall transmit the revenues within thirty days after the end of each fiscal quarter.  The transmitted revenues shall be deposited by the state director of finance into the state parks special fund established by section 184-3.4, Hawaii Revised Statutes.  For the purposes of this paragraph, "gross revenues" shall not include any taxes or improvement district assessments imposed by the county and collected from any person subleasing or otherwise using the leased public land or fees imposed and collected by the county for county governmental or utility services;

     (5)  The county shall assume all leases and other encumbrances on the subject public land that are unexpired on the date of execution of the lease; and

     (6)  The subject public land shall be subject to applicable state and county land use, planning, and building laws; provided that this paragraph shall not be deemed to prohibit the amendment of any law subsequent to the approval of the lease.

     (b)  The lease may include any other terms or conditions not inconsistent with subsection (a) or other provisions of this Act.

     (c)  The lease may be modified by agreement of the board and county, but shall not be renewed for a term longer than the initial term.

     SECTION 5.  Report to legislature.  (a)  If a lease of the subject public land is approved by all relevant parties pursuant to section 3 of this Act before January 1, 2015, the department shall notify the legislature within ten days of the last party's approval of the lease.

     (b)  If a lease is not approved before January 1, 2015, the department shall submit a report to the legislature prior to the convening of the regular session of 2016 on the action taken pursuant to this Act, progress made to reach agreement on a lease of the subject public land, problems encountered during negotiations, and proposed solutions to the problems.

     SECTION 6.  Non-impairment intent.  It is the intent of this Act not to jeopardize the receipt of any federal aid or to impair the obligation of the State or county of Hawaii, or any agency respectively thereof, to the holders of any bond issued by the State or by any 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 modification with reasons thereof to the legislature at its next session thereafter for review by the legislature.

     SECTION 7.  This Act shall take effect on July 1, 2014, and shall be repealed on December 31,      .

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Mauna Kea State Recreational Area; DLNR; Lease; County of Hawaii

 

Description:

Requires DLNR to enter into negotiations with the county of Hawaii for the lease of Mauna Kea state recreational area to the county.  Requires DLNR to report to the legislature a lease agreement, or progress made if no agreement has been reached by 01/01/2015.

 

 

 

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