Prohibits the transfer of the small boat harbors to the county without Legislative approval. (CD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that Article V, section 6 of the Hawaii State Constitution mandates that functions of the state government shall be allocated by law among its principal departments. Under section 200-3, Hawaii Revised Statutes, the operation, administration, and maintenance of the small boat harbors are under the department of land and natural resources. The legislature transferred the small boat harbors from the department of transportation to the department of land and natural resources, and it is the legislature, not the department of land and natural resources, that will determine the disposition of the small boat harbors.

The purpose of this Act is to prohibit the transfer of the small boat harbors to the counties, unless expressly provided by law.

SECTION 2. The State's small boat harbors, including but not limited to its jurisdiction, duties, authorizations, programs, records, equipment and materials, funding, and personnel, shall not be transferred to any county in any manner unless expressly provided by statute.

SECTION 3. This Act shall take effect upon its approval and shall be repealed on June 30, 2007.