Report Title:

Archaeologist; Land and Natural Resources

Description:

Authorizes the department of land and natural resources to contract with archaeologists without regard to the procurement code.  Exempts contracts between the department of land and natural resources and archaeologists from the procurement code. (HB2890 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	2890
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ARCHAEOLOGISTS.

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

     SECTION 1.  Section 103D-102, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Notwithstanding subsection (a), this chapter shall not apply to contracts made by [any]:

(1) Any regional system board of the Hawaii health systems corporation[.]; or

(2) The department of land and natural resources with an archaeologist for archaeological services."

     SECTION 2.  Section 171-6, Hawaii Revised Statutes, is amended to read as follows:

     "§171-6  Powers.  Except as otherwise provided by law, the board of land and natural resources shall have the powers and functions granted to the heads of departments and the board of land and natural resources under chapter 26.

     In addition to the foregoing, the board may:

     (1)  Adopt a seal;

     (2)  Administer oaths;

     (3)  Prescribe forms of instruments and documents;

     (4)  Adopt rules which, upon compliance with chapter 91, shall have the force and effect of law;

     (5)  Set, charge, demand, and collect reasonable fees for the preparation of documents to be issued, for the surveying of public lands, and for the issuing of certified copies of its government records, which fees, when collected, shall be deposited into the state general fund, unless otherwise specified in this chapter;

     (6)  Establish additional restrictions, requirements, or conditions, not inconsistent with those prescribed in this chapter, relating to the use of particular land being disposed of, the terms of sale, lease, license, or permit, and the qualifications of any person to draw, bid, or negotiate for public land;

     (7)  Reduce or waive the lease rental at the beginning of the lease on any lease of public land to be used for any agricultural or pastoral use, or for resort, commercial, industrial, or other business use where the land being leased requires substantial improvements to be placed thereon; provided that such reduction or waiver shall not exceed two years for land to be used for any agricultural or pastoral use, or exceed one year for land to be used for resort, commercial, industrial, or other business use;

     (8)  Delegate to the chairperson or employees of the department of land and natural resources, subject to the board's control and responsibility, such powers and duties as may be lawful or proper for the performance of the functions vested in the board;

     (9)  [Utilize] Use arbitration under chapter 658A to settle any controversy arising out of any existing or future lease;

    (10)  Set, charge, and collect reasonable fees in an amount sufficient to defray the cost of performing or otherwise providing for the inspection of activities permitted upon the issuance of a land license involving a commercial purpose;

    (11)  Appoint masters or hearing officers to conduct public hearings as provided by law and under such conditions as the board by rules shall establish;

    (12)  Bring such actions as may be necessary to remove or remedy encroachments upon public lands.  Any person causing an encroachment upon public land shall be subject to a fine of not more than $500 a day for the first offense and shall be liable for administrative costs incurred by the department and for payment of damages.  Upon the second offense and thereafter, the violator shall:

          (A) [be] Be fined not less than $500 nor more than   $2,000 per day;

          (B) [if] If required by the board, restore the land to    its original condition if altered and assume the    costs thereof; and

          (C) [assume] Assume such costs as may result from    adverse effects from such restoration;

    (13)  Set, charge, and collect interest and a service charge on delinquent payments due on leases, sales, or other accounts.  The rate of interest shall not exceed one per cent a month and the service charge shall not exceed $50 a month for each delinquent payment; provided that the contract shall state the interest rate and the service charge and be signed by the party to be charged;

    (14)  Set, charge, and collect additional rentals for the unauthorized use of public lands by a lessee, licensee, grantee, or permittee who is in violation of any term or condition of a lease, license, easement, or revocable permit, retroactive to the date of the occurrence of the violation.  Such amounts shall be considered delinquent payments and shall be subject to interest and service charges as provided in paragraph (13);

    (15)  Set, charge, and collect reasonable fines for violation of this chapter or any rule adopted thereunder.  Any person violating any of the provisions of this chapter or any rule adopted thereunder, for which violation a penalty is not otherwise provided, shall be fined not more than $500 a day and shall be liable for administrative costs incurred by the department and for payment for damages;

    (16)  Issue revenue bonds, subject to the approval of the legislature.  All revenue bonds shall be issued pursuant to part III of chapter 39, except as provided in this chapter.  All revenue bonds shall be issued in the name of the department and not in the name of the State.  The final maturity date of the revenue bonds may be any date not exceeding thirty years from the date of issuance;

    (17)  Pledge or assign all or any part of the receipts and revenues of the department.  The revenue bonds shall be payable from and secured solely by the revenue derived by the department from the industrial park or parks for which the bonds are issued;

    (18)  Reimburse the state general fund for debt service on general obligation bonds or reimbursable general obligation bonds issued by the State for purposes of this chapter; [and]

(19) Retain qualified archaeologists for archaeological services under contracts that shall be exempt from chapter 103D; and

   [(19)] (20)  Do any and all things necessary to carry out its purposes and exercise the powers granted in this chapter."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval and shall be repealed on January 1, 2010; provided that sections 103D-102 and 171-6, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day before the effective date of this Act.