HB2345.DOC

SECTION 1. The legislature finds that, in the county of Maui, the department of transportation has jurisdiction over Kahului harbor, Kaunakakai harbor, and Kaumalapau harbor, which are larger facilities having a direct and significant effect on transportation. However, the department of land and natural resources has jurisdiction over the Lahaina and Maalaea small boat harbor facilities in the county of Maui.

The legislature also finds that Lahaina and Maalaea small boat harbors in the county of Maui are the only small boat harbors in the State from which interisland ferries operate within a single county. Clearly, small boat harbors that serve interisland ferry transportation have direct and significant effects on transportation for all state residents, including those on the county of Maui, and thus should also be placed under the jurisdiction of the department of transportation.

The legislature further finds that the transfer of jurisdiction over the Lahaina and Maalaea small boat harbor facilities within the county of Maui from the department of land and natural resources to the department of transportation is not only in the interest of the people of the State, but would more appropriately serve the underlying purposes and functions of both the department of land and natural resources and the department of transportation.

SECTION 2. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§200‑ Transfer of small boat harbor facilities to department of transportation. Pursuant to section 200‑2(b), and any other law to the contrary notwithstanding, jurisdiction of the Lahaina and Maalaea small boat harbor facilities within the county of Maui shall be transferred from the department of land and natural resources to the department of transportation."

SECTION 3. 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 department of transportation shall be transferred with the functions to which they relate.

SECTION 4. The jurisdiction, functions, powers, duties, and authority exercised by the department of land and natural resources pursuant to chapter 200, Hawaii Revised Statutes, relating to the Lahaina and Maalaea small boat harbors in the county of Maui, shall be transferred to and conferred upon the department of transportation by this Act and shall be performed and enforced in the same manner as previously authorized, entitled, or obligated except as otherwise authorized, directed, or instructed by this Act.

The department of transportation shall succeed to all of the rights and powers previously exercised, and all of the duties and obligations incurred, by the department of land and natural resources in the exercise of the functions, powers, duties, and authority transferred, whether those functions, powers, duties, and authority are mentioned in or granted in any law, contract, or other document.

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

SECTION 6. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of land and natural resources pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the department of transportation by this Act, shall remain in full force and effect. Every reference to the department of land and natural resources or the chairperson of the board of land and natural resources therein shall be construed as a reference to the department of transportation or the director of transportation as appropriate.

SECTION 7. All executive orders, revocable permits, easements, and rights of entry for the use of state lands issued and granted to the department of land and natural resources for use in connection with the Lahaina and Maalaea small boat harbors in the county of Maui shall be withdrawn or terminated and appropriate land disposition for use in connection with the Lahaina and Maalaea small boat harbors in the county of Maui shall be made by the department of transportation, as appropriate, subsequent to the transfer to the department of transportation.

SECTION 8. All acts passed by the legislature during this regular session of 2010, whether enacted before or after the effective date of this Act, shall be amended to conform to this Act, unless such acts specifically provide that this Act is being amended.

SECTION 9 This Act shall be liberally construed in order to accomplish the purposes set forth herein.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect on July 1, 2010.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2345
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII