Transfers the management of Kewalo Basin from the department of transportation to the department of land and natural resources.

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to transfer the management of Kewalo Basin from the department of transportation to the department of land and natural resources.

SECTION 2. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§200- Kewalo Basin; management by department of land and natural resources. (a) Kewalo Basin shall be managed by the department of land and natural resources for the purposes of this chapter. All moneys derived pursuant to this chapter from that harbor shall be deposited in the boating special fund established in section 248-8.

(b) When weather, road closures due to special events, or road repairs do not permit the loading or unloading of passengers at Kewalo Basin, cruise boats holding a Kewalo Basin sublease approved by the State shall be allowed to use Honolulu Harbor facilities on a space available basis, and the fees for the use of facilities shall be in accordance with the administrative rules of the department of land and natural resources relating to fees for use of facilities for private gain."

SECTION 3. Section 266-17, Hawaii Revised Statutes, is amended to read as follows:

"§266-17 Rates, how fixed. [(a)] The department of transportation shall adjust, fix, and enforce the rates assessable and chargeable by it in respect to dockage, wharfage, demurrage, and other rates and fees pertaining to harbors, wharves, and properties managed and operated by it so as to produce from the rates and fees, in respect to all harbors, wharves, and other properties, except those that are principally used for recreation or the landing of fish, revenues sufficient to:

[(b) When weather, road closures due to special events, or road repairs do not permit the loading or unloading of passengers at Kewalo Basin, cruise boats holding a Kewalo Basin sublease approved by the State shall be allowed to use Honolulu Harbor facilities on a space available basis, and the fees for the use of facilities shall be in accordance with the Hawaii administrative rules of the department of transportation relating to fees for use of facilities for private gain.]"

SECTION 4. Section 266-19, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is created in the treasury of the State the harbor special fund. All moneys received by the department of transportation from the rates and fees pursuant to section [266-17(a)(1)] 266-17(1) shall be paid into the harbor special fund. The harbor special fund and the second separate harbor special fund heretofore created shall be consolidated into the harbor special fund at such time as there are no longer any revenue bonds payable from the second separate harbor special fund. The harbor reserve fund heretofore created is abolished.

All moneys derived pursuant to this chapter from harbor properties of the statewide system of harbors (excluding properties principally used for recreation or the landing of [fish, except properties located at Kewalo Basin, ewa of Ala Moana Park, Honolulu)] fish) shall be paid into the harbor special fund and each fiscal year shall be appropriated, applied, or expended by the department of transportation for the statewide system of harbors for any purpose within the jurisdiction, powers, duties, and functions of the department of transportation related to the statewide system of harbors (excluding properties principally used for recreation or the landing of [fish, except the properties located at Kewalo Basin, ewa of Ala Moana Park, Honolulu),] fish), including, without limitation, the costs of operation, maintenance and repair of the statewide system of harbors and reserves therefor, and acquisitions (including real property and interests therein), constructions, additions, expansions, improvements, renewals, replacements, reconstruction, engineering, investigation, and planning, for the statewide system of harbors, all or any of which in the judgment of the department of transportation are necessary to the performance of its duties or functions."

SECTION 5. All rights, powers, functions, and duties of the department of transportation with respect to the management of Kewalo Basin are transferred to the department of land and natural resources.

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.

Any incumbent 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 be granted regular civil service status without loss of seniority, prior service credit, vacation, sick leave, or other employee benefits, and without the necessity of examination; provided they possess the minimum qualifications for the class to which their positions are assigned. The pay rate of non-tenured employees affected by this Act shall be determined in the same manner as the pay rate of other civil service employees in comparable positions with the same length of service. Any officer or employee converted by this Act shall have performed work satisfactorily in the position for a period of not less than six months prior to the effective date of this Act.

In the event that an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby 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 heretofore made, used, acquired, or held by the department of transportation with respect to the management of Kewalo Basin relating to the functions transferred to the department of land and natural resources shall be transferred with the functions to which they relate.

All funds appropriated to the department of transportation

for fiscal year 2001-2002, directly or indirectly, relating to the functions transferred under this Act shall be appropriately transferred to the department of land and natural resources.

SECTION 7. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of transportation with respect to the management of Kewalo Basin 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 department of transportation in those rules, policies, procedures, guidelines, and other material as they relate to the management of Kewalo Basin is amended to refer to the department of land and natural resources or the director of land and natural resources, as appropriate.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.