REPORT TITLE:
Public Lands


DESCRIPTION:
Exempts from the definition of "public land" lands used by the
department of transportation for commercial harbor and maritime
facilities.  Authorizes the department to contract out the
operations of a commercial harbor or maritime facility.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2348
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC LANDS.



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

 1      SECTION 1.  Section 171-2, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§171-2 Definition of public lands."Public lands" means
 
 4 all lands or interest therein in the State classed as government
 
 5 or crown lands previous to August 15, 1895, or acquired or
 
 6 reserved by the government upon or subsequent to that date by
 
 7 purchase, exchange, escheat, or the exercise of the right of
 
 8 eminent domain, or in any other manner; including submerged
 
 9 lands, and lands beneath tidal waters which are suitable for
 
10 reclamation, together with reclaimed lands which have been given
 
11 the status of public lands under this chapter, except:
 
12      (1)  Lands designated in section 203 of the Hawaiian Homes
 
13           Commission Act, 1920, as amended;
 
14      (2)  Lands set aside pursuant to law for the use of the
 
15           United States;
 
16      (3)  Lands being used for roads and streets;
 
17      (4)  Lands to which the United States relinquished the
 
18           absolute fee and ownership under section 91 of the
 
19           Hawaiian Organic Act prior to the admission of Hawaii
 

 
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 1           as a state of the United States unless subsequently
 
 2           placed under the control of the board of land and
 
 3           natural resources and given the status of public lands
 
 4           in accordance with the State Constitution, the Hawaiian
 
 5           Homes Commission Act, 1920, as amended, or other laws;
 
 6      (5)  Lands to which the University of Hawaii holds title;
 
 7      (6)  Lands to which the housing and community development
 
 8           corporation of Hawaii in its corporate capacity holds
 
 9           title;
 
10      (7)  Lands to which the Hawaii community development
 
11           authority in its corporate capacity holds title;
 
12      (8)  Lands to which the department of agriculture holds
 
13           title by way of foreclosure, voluntary surrender, or
 
14           otherwise, to recover moneys loaned or to recover debts
 
15           otherwise owed the department under chapter 167;
 
16      (9)  Lands which are set aside by the governor to the Aloha
 
17           Tower development corporation; lands leased to the
 
18           Aloha Tower development corporation by any department
 
19           or agency of the State; or lands to which the Aloha
 
20           Tower development corporation holds title in its
 
21           corporate capacity; [and]
 
22     (10)  Lands to which the agribusiness development corporation
 
23           in its corporate capacity holds title[.]; and
 

 
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 1     (11)  Lands acquired by the State and used by the department
 
 2           of transportation for harbor purposes in connection
 
 3           with the establishment, management, and operation of
 
 4           commercial harbor and maritime facilities owned or
 
 5           controlled by the department of transportation."
 
 6      SECTION 2.  Section 261-4, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (b) to read as follows:
 
 8      "(b)  Acquisition of property.  By purchase, gift, devise,
 
 9 lease, or condemnation in accordance with chapter 101, the
 
10 department may acquire property, real or personal, or any
 
11 interest therein, including the property rights, estates, and
 
12 interests mentioned in section 262-11.  The department may
 
13 acquire rights and interests in airports owned or controlled by
 
14 others, for the purpose of meeting a civilian need which is
 
15 within the scope of its functions, even though it does not have
 
16 the exclusive control and operation of such airports.  The
 
17 department may also acquire excess federal lands as permitted by
 
18 federal law.  Title to lands so acquired shall be held in the
 
19 name of the State."
 
20      SECTION 3.  Section 266-2, Hawaii Revised Statutes, is
 
21 amended by amending subsection (a) to read as follows:
 
22      "(a) The department of transportation shall:
 
23      (1)  Have and exercise all the powers and shall perform all
 

 
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 1           the duties which may lawfully be exercised by or under
 
 2           the State relative to the control and management of
 
 3           commercial harbors, commercial harbor and waterfront
 
 4           improvements, ports, docks, wharves, piers, quays,
 
 5           bulkheads, [and] landings, and property adjacent
 
 6           thereto, belonging to or controlled by the State,
 
 7           except as otherwise owned or controlled by another
 
 8           state agency, and the shipping using the same;
 
 9      (2)  Have the authority to use and permit and regulate the
 
10           use of the commercial harbors, commercial harbor and
 
11           waterfront improvements, ports, docks, wharves, piers,
 
12           quays, bulkheads, [and] landings, and property adjacent
 
13           thereto, belonging to or controlled by the State,
 
14           except as otherwise owned or controlled by another
 
15           state agency, for receiving [or] and discharging
 
16           passengers and for loading, unloading, and landing
 
17           freight, goods, wares, and merchandise, with a right to
 
18           collect wharfage and demurrage thereon or therefor;
 
19      (3)  In operating a commercial harbor or maritime facility
 
20           owned or controlled by the department, or in which it
 
21           has a right or interest, the department may enter into
 
22           contracts, leases, licenses, and other arrangements
 
23           with any person:
 

 
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 1           (A)  Granting the privilege of using or improving the
 
 2                commercial harbor or maritime facility or any
 
 3                portion or facility thereof or space therein for
 
 4                commercial purposes;
 
 5           (B)  Conferring the privilege of supplying goods,
 
 6                commodities, things, services, or facilities at
 
 7                the commercial harbor or maritime facility;
 
 8           (C)  Making available services, facilities, goods,
 
 9                commodities, or other things to be furnished by
 
10                the department or its agents at the commercial
 
11                harbor or maritime facility; or
 
12           (D)  Granting the use and occupancy on a temporary
 
13                basis by license or otherwise of any portion of
 
14                the land under its jurisdiction which may not be
 
15                required by the department in order that it may
 
16                put the area to economic use and thereby derive
 
17                revenue therefrom; provided that all arrangements
 
18                under this subparagraph shall contain a clause
 
19                that the land may be repossessed by the department
 
20                when needed for harbor-related purposes upon the
 
21                giving of not less than thirty days' written
 
22                notice of the department's intention to repossess;
 
23      (4)  Except as otherwise provided in this section, in each
 

 
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 1           case mentioned in paragraph (3), the department may
 
 2           establish the terms and conditions of the contract,
 
 3           lease, license, or other arrangement, and may fix the
 
 4           charges, rentals, or fees for the privileges, services,
 
 5           or things granted, conferred, or made available, for
 
 6           the purpose of meeting the expenditures of the
 
 7           statewide system of harbors set forth in section
 
 8           266-19, which includes expenditures for capital
 
 9           improvement projects approved by the legislature.  The
 
10           charges shall be reasonable and uniform for privileges,
 
11           services, or things of the same type or class;
 
12      (5)  The department may acquire property, real or personal,
 
13           or any interest therein by purchase, gift, devise,
 
14           lease, or condemnation in accordance with chapter 101.
 
15           Title to lands so acquired shall be held in the name of
 
16           the State;
 
17     [(3)] (6)  Subject to all applicable provisions of law, have
 
18           the power to fix and regulate from time to time rates
 
19           and charges for:
 
20           (A)  Services rendered in mooring commercial vessels;
 
21           (B)  The use of commercial moorings belonging to or
 
22                controlled by the State;
 
23           (C)  Wharfage [or] and demurrage;
 

 
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 1           (D)  Warehouse space, office space, and storage space
 
 2                for freight, goods, wares, and merchandise; and
 
 3           (E)  The use of derricks or other equipment belonging
 
 4                to the State or under the control of the
 
 5                department;
 
 6     [(4)] (7)  Make other charges, including toll or tonnage
 
 7           charges, on freight, goods, wares, and merchandise
 
 8           passing over or across commercial harbor and waterfront
 
 9           improvements, ports, docks, wharves, piers, quays,
 
10           bulkheads, [or] landings, or any property adjacent
 
11           thereto under the control or jurisdiction of the
 
12           department;
 
13     [(5)] (8)  Appoint and remove clerks, harbor agents and their
 
14           assistants, and all such other employees as may be
 
15           necessary, and to fix their compensation;
 
16     [(6)] (9)  Adopt rules pursuant to chapter 91 and not
 
17           inconsistent with law; and
 
18     [(7)] (10)  Generally have all powers necessary to fully
 
19           carry out this chapter."
 
20      SECTION 4.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 5.  This Act shall take effect upon its approval.
 
23 
 
24                           INTRODUCED BY:  _______________________
 

 
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