HB1255 HD1.DOC

HOUSE OF REPRESENTATIVES	H.B. NO.	1255
TWENTY-SIXTH LEGISLATURE, 2011		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PUBLIC LANDS.

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

SECTION 1. The legislature finds that the story of the 100^th Infantry Battalion/442^nd Regimental Combat Team is linked to Hawaii as well as the rest of the United States. It is a story of Americans who went to war to prove their loyalty and to overcome prejudice, a story of honor and sacrifice. It is also a story in danger of being lost to generations to come.

The legislature further finds that a proposed Legacy Center for the 100^th Infantry Battalion/442^nd Regimental Combat Team would promote their story and preserve a mounting collection of historical material including photographs, letters, documents, publications, artifacts, audio-visual material, and wartime memorabilia. The Center could focus on presenting the archived materials and become an educational resource facility for students, teachers, researchers, authors, and the general public, with a library for study and research and the veterans' oral history program; classrooms for study, lectures, and audio-visual presentations; and a visual exhibit space. In addition, the Center is envisioned as a gathering place where people can go to honor those who served in the 100^th Infantry Battalion/442^nd Regimental Combat Team.

The legislature further finds that the proposed location for the Center is on the slopes of Diamond Head, adjacent to the Kapiolani community college campus. Located at the corner of Diamond Head Road and Makapuu Avenue, the property is owned by the State of Hawaii, under the control and management of the department of land and natural resources. The parcel is part of tax map key: 3-1-042:020. The total area is seven acres, of which approximately four acres were set aside in 1999 for use by the University of Hawaii Kapiolani community college through Executive Order No. 3791. The balance of the parcel is presently used by the State for the storage and maintenance of vehicles.

The purpose of this Act is to transfer one and one-half acres adjacent to the approximately 3.993 acres set aside by Executive Order No. 3791, to the University of Hawaii Kapiolani community college, for a proposed Legacy Center for the 100^th Infantry Battalion/442^nd Regimental Combat Team.

SECTION 2. Notwithstanding any law to the contrary, the University of Hawaii Kapiolani community college shall have jurisdiction and administrative authority over one and one-half acres adjacent to the approximately 3.993 acres previously set aside by Executive Order No. 3791, to the University of Hawaii Kapiolani community college, for a proposed Legacy Center for the 100^th/442^nd Regimental Combat Team.

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 parcel of land transferred to the University of Hawaii Kapiolani community college shall be transferred with the lands to which they relate.

SECTION 4. The jurisdiction, functions, powers, duties, and authority exercised by the department of land and natural resources relating to the one and one-half acre land parcel shall be transferred to and conferred upon the University of Hawaii Kapiolani community college by this Act.

The University of Hawaii Kapiolani community college 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 such functions, powers, duties, and authority are mentioned in or granted in any law, contract, or other document.

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 which are reenacted or made applicable to the University of Hawaii Kapiolani community college by this Act, shall remain in full force and effect until amended or repealed by the University of Hawaii Kapiolani community college 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 University of Hawaii Kapiolani community college or the chancellor of the University of Hawaii Kapiolani community college, as appropriate.

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, which are reenacted or made applicable to the University of Hawaii Kapiolani community college 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 University of Hawaii Kapiolani community college or the chancellor of the University of Hawaii Kapiolani community college, as appropriate.

SECTION 5. This Act shall take effect on July 1, 2050.