HB2804

SECTION 1. The legislature finds that in 1990, the legislature conveyed to the Hawaii community development authority all state-owned lands lying in the area makai of Ala Moana Boulevard from the ewa side of Ala Moana Park to the property line between Pier 2 and Pier 4 (makai area). This area includes the Kewalo basin, a harbor facility used primarily for the berthing of commercial vessels. The department of transportation continues to manage Kewalo basin even after its conveyance to the Hawaii community development authority.

The legislature recognizes that use of Kewalo basin may be expanded to include pleasure craft and other recreational users and that these uses would not fit into the primary functions of the department of transportation although some elements are intertwined with certain commercial activities.

The legislature further finds that management of Kewalo basin for pleasure and recreational vessels, including the use by small craft, would be more appropriate for the department of land and natural resources under its ocean recreation and coastal areas program.

The purpose of this Act is to establish the department of land and natural resources as the agency responsible for the management of the harbor facilities of Kewalo basin.

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. Any law to the contrary notwithstanding, the department of land and natural resources shall have sole jurisdiction and administrative responsibility for the management of the maritime uses and the submerged lands within Kewalo basin. This management responsibility shall not include the contiguous fast lands of the Kewalo basin harbor."

SECTION 3. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§206E- Kewalo basin; management. Any law to the contrary notwithstanding, the department of land and natural resources shall have sole jurisdiction and administrative responsibility for the management of the maritime uses and the submerged lands within Kewalo basin. This management responsibility shall not include the contiguous fast lands of the Kewalo basin harbor."

SECTION 4. All rights, powers, functions, and duties of the Hawaii community development authority with regard to the management of the maritime uses and the submerged lands within 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.

An 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 become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If 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 5. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Hawaii community development authority relating to the functions transferred to the department of land and natural resources shall be transferred with the functions to which they relate.

SECTION 6. All rules, policies, procedures, guidelines, and other material adopted or developed by the Hawaii community development authority with respect to the management of the maritime uses and the submerged lands within 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 Hawaii community development authority in those rules, policies, procedures, guidelines, and other material as they relate to the management of the maritime uses and the submerged lands within Kewalo basin is amended to refer to the department of land and natural resources or the chairperson of the board of land and natural resources, as appropriate.

SECTION 7. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such 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 such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.

SECTION 8. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2804
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII