HB766.DOC

SECTION 1. Act 5, session laws of Hawaii 1987, set aside a portion of public lands in Kahana valley, Oahu, tax map key: (1) 5-2-01: 1, 5-2-02: all parcels, and 5-2-05: 1 and 21, and authorized the department of land and natural resources to negotiate and enter into long-term residential leases with persons who:

(1) At the time of the enactment of the Act, resided on the set aside lands and have occupied those lands since 1970; or

(2) On the effective date of the Act had permits issued by the department of land and natural resources allowing them to reside on designated parcels on the set aside lands.

One provision of the long-term residential leases required all qualified lessees to agree to be an essential part of the interpretive programs in the Kahana valley state park, as directed by the department of land and natural resources.

Eventually, thirty-one original families qualified for the long-term residential leases. However, descendants of six families that did not originally qualify for long-term residential leases remained in the valley. The department of land and natural resources, relying on the opinion of the attorney general, recently started eviction actions against these six families.

The purpose of this Act is to transfer the jurisdiction of the lands set aside for the long-term residential leases from the department of land and natural resources to the office of Hawaiian affairs and to direct the office of Hawaiian affairs to assist the six families facing eviction with obtaining long-term residential leases if these six families qualify under the original requirements of Act 5.

SECTION 2. (a) The department of land and natural resources is directed to transfer tax map key: (1) 5-2-01: 1, 5-2-02, all parcels, and 5-2-05: 1 and 21 to the office of Hawaiian affairs.

(b) The office of Hawaiian affairs is directed to assume management authority over the lands transferred by this Act, in accordance with the requirements of Act 5, session laws of Hawaii 1987. The office of Hawaiian affairs is further directed to assist six families residing in Kahana valley, now facing eviction, to obtain long-term residential leases to the lands that they presently occupy or have recently occupied, so long as they meet the original requirements of Act 5 as qualified lessees.

SECTION 3. All rights, powers, functions, and duties of the department of land and natural resources relating to the lands that are being transferred pursuant to this Act are transferred to the office of Hawaiian affairs.

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 4. 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 land and natural resources relating to the functions transferred to the office of Hawaiian affairs pursuant to this Act shall be transferred with the functions to which they relate.

SECTION 5. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of land and natural resources to implement provisions of the Hawaii Revised Statutes which are reenacted or made applicable to the department of land and natural resources by this Act, shall remain in full force and effect until amended or repealed by the office of Hawaiian affairs pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of land and natural resources or director of department of land and natural resources in those rules, policies, procedures, guidelines, and other material is amended to refer to the office of Hawaiian affairs or director of the office of Hawaiian affairs as appropriate.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	766
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII