Establishes Hawaii port authority and directs authority, in consultation with other affected state agencies, to propose specific actions to be taken for the transition of power to the authority.

A BILL FOR AN ACT

SECTION 1. The legislature finds that Hawaii's maritime planning, management, and development functions are currently dispersed among the department of transportation's harbors division, the department of land and natural resources' boating and ocean recreation program, the Hawaii community development authority, and the Aloha Tower development corporation. This multijurisdictional situation has resulted in inefficiencies and conflicts over maritime and nonmaritime uses that are difficult to resolve between agencies. The legislature further finds that the economic well-being of the State depends in part on the efficient use of all of these resources and that fuller utilization of these resources will enhance and complement efforts to revitalize Hawaii's economy. The legislature believes that coordinated planning and development of maritime and waterfront activities can be carried out more effectively by a single entity having overall consolidated jurisdiction.

The purpose of this Act is to establish the Hawaii port authority, an independent public entity to set statewide policy on all matters relating to Hawaii's maritime lands and facilities. It is the intent of the legislature that the functions, duties, and staff of the departments and agencies currently charged with the responsibilities over state maritime lands and harbor facilities will be eventually transferred to this authority. Because of the complexities involved with such a transfer, the legislature will establish the authority and its board by this Act and give the board one year to propose the exact form and details of the transfer to the legislature.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

§   -1 Definitions. As used in this chapter, unless the context clearly requires otherwise:

"Authority" means the Hawaii port authority as created in section    -2.

"Board" means the board of directors of the authority as defined in section    -2.

"Transition period" means the one-year interval between July 1, 2001, and June 30, 2002, during which decisions are made regarding jurisdiction over the various duties, functions, and responsibilities that are to be transferred.

§   -2 Hawaii port authority established; authority board and executive director. (a) There is established the Hawaii port authority, which shall be a public body corporate and politic, a public instrumentality, and an agency of the State. The authority shall be placed within the department of transportation for administrative purposes.

(b) The authority shall consist of a board of directors having eleven voting members. The director of transportation, the director of business, economic development, and tourism, and the chairperson of the board of land and natural resources, or their respective designated representatives, shall serve as ex officio voting members. Eight members from the public at large shall be appointed by the governor for staggered six-year terms and shall also serve as voting members. One of the appointed members shall be selected from each of the counties of Honolulu, Maui, Hawaii, and Kauai. The remaining four appointed members shall be selected on the basis of their knowledge, expertise, and experience in economics, finance, development, maritime issues, planning, labor, or related areas. Of the four members appointed to the board with the above expertise, two shall serve an initial term of two years while the remaining two members shall initially serve a term of six years. Members initially appointed from each of the counties shall serve an initial term of four years. Appointed members may be reappointed when their term expires. No appointed member shall be an officer or employee of the State or its political subdivisions. All members shall continue in office until their respective successors have been appointed. The board, by a majority vote, shall elect a chairperson from within its membership.

(c) The board shall prepare and submit to the governor and legislature, at least twenty days prior to the beginning of the legislative session, a proposal for transferring of functions, duties, lands, and personnel to accomplish the purposes set forth in this Act.

§   -3 Powers; generally. (a) The authority shall have all the powers necessary to carry out its purposes; provided that its powers shall be limited to only the areas under its jurisdiction. The authority shall have the power:

SECTION 3. It is the intention of the legislature that there be a transition period after the establishment of the Hawaii port authority and board. The powers and duties of the Hawaii port authority and board shall take effect on July 1, 2002, following enactment of legislation during the 2002 legislative session. During this transition period, the affected agencies, the Aloha Tower development corporation, Hawaii community development authority, the department of transportation, harbors division, the department of land and natural resources, boating and ocean recreation division, and the department of business, economic development, and tourism, shall assist the board in detailing the specific actions to be taken to effect the transition, including providing the board information and support as requested, preparing legislation, and preparing the report to the governor and the legislature.

SECTION 4. This Act shall take effect upon its approval.