SB3090

PART I

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

MAUNA KEA MANAGEMENT AUTHORITY

§ -1 Findings and purpose. The legislature finds that Mauna Kea is the most significant cultural and astronomical site in the world. The summit region of Mauna Kea is a spiritual and special place of global significance that is home to cultural landscapes, fragile alpine habitats, historical and archaeological treasures as well as endemic species found nowhere else on the planet. Mauna Kea's exceptional atmospheric conditions make it the world's premier site for astronomical observations. In addition, the legislature recognizes the critical need to find a balance between spiritual and genealogical connections, traditional and customary practices, as well as modern science and technology on Mauna Kea so that all can co-exist in the twenty-first century.

The legislature further finds that the protection and preservation of Mauna Kea through proper management and stewardship is of statewide concern. Since 1998, four audits by the state auditor have been critical of the management, stewardship, and protection of Mauna Kea. Although significant changes have occurred on Mauna Kea since the 1998 audit, negative experiences over the past fifty years have eroded public confidence and demonstrated the critical need for fresh leadership centered on a new organizational structure, management system, and procedures.

Accordingly, the legislature finds that there is a clear need for one entity to serve as a single focal point of management, responsibility, communication, and enforcement regarding Mauna Kea. This new entity will increase the accountability of all tenants on Mauna Kea and will ensure that each tenant is aware of its obligations and responsibilities. This entity will also provide the necessary stewardship for the sustainable use of Mauna Kea and the proper generation of revenue from that use. This entity will be headquartered on the island of Hawaii and will be recognized by the general public and the State as the single point of contact for Mauna Kea's summit region. The legislature intends that this new entity will be led by a board whose members have no inherent conflicts of interest regarding Mauna Kea, and who will provide the requisite level of independence, objectivity, competence, relevant expertise, commitment, and willingness to be engaged in order for the new entity to achieve its goals. In addition, it is the legislature's intent that the authority shall be self‑funded and not require appropriations from the State's general fund. The authority shall be a new model for governance and management of Hawaii's most precious resources. Revenues generated by the authority will primarily be used for the management and proper stewardship of the approximately eleven thousand four hundred acres of lands on Mauna Kea under the authority's jurisdiction. The legislature further intends for the new entity to supersede all existing entities that are responsible for the management and stewardship of Mauna Kea.

The purpose of this Act is to establish a Mauna Kea management authority.

§ -2 Definitions. As used in this chapter, unless the context otherwise requires:

"Authority" means the Mauna Kea management authority.

"Mauna Kea" means the mountain on the island of Hawaii, known variously as Mauna Kea, Maunakea, Mauna a Wakea, Mauna O Wakea, Ka Mauna a Kea, or Mauna Akea, and including all real property identified in part II of this Act.

§ -3 Mauna Kea management authority; established. (a) There is established the Mauna Kea management authority, which shall be a body corporate and a public instrumentality of the State for the purpose of implementing this chapter. The authority shall be temporarily attached to the office of the governor for administrative purposes.

(b) The authority shall consist of nine voting members who shall be subject to section 26-34. The members shall include:

(1) The director of business, economic development, and tourism;

(2) Members of private organizations, who shall be invited by the governor to participate as follows:

(A) The president of the Association of Hawaiian Civic Clubs, who shall serve as an ex officio member;

(B) The president of the East-West Center, who shall serve as an ex officio member;

(C) One member of the Native Hawaiian Bar Association who shall be selected by the governor from among three nominations provided by the board of directors of the Native Hawaiian Bar Association;

(D) One member who shall be selected by the governor from among three nominations provided by the Queen Liliuokalani Trust, The King William Charles Lunalilo Trust, and Kamehameha Schools, respectively;

(E) One representative of a statewide business organization; and

(F) One representative of a business organization on the island of Hawaii;

(3) One member of a private organization who shall be invited by the president of the senate; and

(4) One member of a private organization who shall be invited by the speaker of the house of representatives;

provided that no individual who has an inherent conflict of interest regarding any entity involved in the management, lease, sublease, or operation of any real property or other property under the jurisdiction of the authority may serve as a member of the authority; and provided further that any ex officio member with a conflict of interest that violates this subsection shall immediately designate from within the member's organization an appropriate designee to serve on the authority in that member's stead.

A majority of all members shall constitute a quorum to do business, and the concurrence of a majority of all members shall be necessary to make any action of the authority valid. All members shall continue in office until their respective successors have been appointed and qualified. Except for the director of business, economic development, and tourism, no members appointed under this subsection shall be an officer or employee of the State or its political subdivisions.

(c) The authority shall appoint an executive director who shall be the chief executive officer. The authority shall set the salary of the executive director, who shall serve at the pleasure of the authority and shall be exempt from chapter 76.

(d) The authority shall annually elect the chairperson and vice chairperson from among its members.

(e) The members of the authority appointed under subsection (b) shall be compensated commensurately with trustees of the office of Hawaiian affairs pursuant to section 10-9; provided that salary and all expenses under this subsection shall be paid exclusively from the Mauna Kea management revolving fund under section -8.

(f) The authority's day-to-day operations shall be led by the executive director, who shall be accountable to the authority. The authority's organizational structure shall include but not be limited to six divisions as follows:

(1) Enforcement, which shall be led by a chief enforcement officer and include communication center operators, rangers and other law enforcement officers pursuant to section -13, and other staff. This division shall be responsible for the health, safety, and welfare of visitors to Mauna Kea, including responding to emergencies of a medical or law enforcement nature, and for the protection of natural resources;

(2) Culture and the environment, which shall be led by a chief culture and environment officer and be responsible for the protection, preservation, and appreciation of cultural and environmental resources within the authority's managed areas. This division shall work with lineal descendants, community members, environmentalists, and individuals traditionally associated with cultural resources on Mauna Kea through appropriate programs of research, planning, and stewardship. This division shall also work with the state historic preservation division and the Hawaii island burial council, as necessary;

(3) Revenue management, which shall be led by a chief financial officer and be responsible for the fiscal management of all financial resources associated with the Mauna Kea summit, observatories, Hale Pohaku, visitor center, and all commercial activities, including budget and accounting functions. A certified public accountant shall be a member of the division staff;

(4) Operations, which shall be led by a chief operations officer and be responsible for planning and organizing operations to achieve maximum efficiency and for the daily management and oversight of Mauna Kea's facilities, parks, trails, and natural and cultural resources. This division shall also manage the entry and access center, cultural and visitor center, all infrastructure within the authority's jurisdiction, the Mauna Kea access road, and all water, wastewater, and power functions associated with summit and Hale Pohaku operations;

(5) Legal, which shall be led by a chief legal officer and general counsel and shall be responsible for overseeing all applications of all laws, court decisions, and rules pertaining to the authority, and shall include attorneys who shall be responsible for the management of contracts, subleases, memoranda of understanding, and memoranda of agreement entered into by the authority; and

(6) Community relations, which shall be led by a chief community relations officer and be responsible for strengthening community engagement and education through grants, scholarships, and community benefits programs. Community relations staff shall work in coordination with community and business groups, the department of education, and the University of Hawaii to prepare local residents for careers in the science, technology, engineering, and mathematics fields. This division shall also coordinate interactive educational opportunities for Mauna Kea visitors and develop a summit access program and a peace park concept at Hale Pohaku.

§ -4 Powers and responsibilities; generally. The authority shall hold title to the lands situated on Mauna Kea and identified in section -2 and shall establish access, stewardship, and management policies for Mauna Kea, including but not limited to policies pertaining to the protection of natural and cultural resources, all recreational activities, and all commercial uses.

Except as otherwise limited by this chapter, the authority may:

(1) Sue and be sued;

(2) Have a seal and alter the same at pleasure;

(3) Make and execute contracts, leases, and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

(4) Make and alter bylaws for its organization and internal management;

(5) Adopt rules pursuant to chapter 91 for the purposes of this chapter;

(6) Through its executive director, appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapter 76, and subject to chapter 89;

(7) Prepare or cause to be prepared a current and comprehensive management plan for all aspects of public and private access and use of Mauna Kea;

(8) Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

(9) Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable;

(10) Contract for and accept gifts or grants in any form from any public agency or from any other source;

(11) Adopt rules governing the procurement and purchase of goods, services, and construction, subject to the requirements of chapter 103D;

(12) Enforce laws and rules within all areas under the jurisdiction of the authority, pursuant to sections -3(f)(1) and -13;

(13) Do any and all things necessary to carry out its purposes and exercise the powers given and granted in this chapter; and

(14) Review, revise, and update as necessary all management plans for Mauna Kea, including but not limited to the 2000 Mauna Kea science reserve master plan, the 2009 Mauna Kea comprehensive management plan, the cultural resources management plan, the natural resources management plan, the public access plan, and the decommissioning plan.

§ -5 Rules; management, stewardship, and protection of cultural resources. The authority shall expedite the establishment of rules pursuant to chapter 91 on the management, stewardship, and protection of lands and cultural resources, and any fees and fee waivers under its authority. The rules shall supersede all other rules and all county ordinances and rules relating to the management, stewardship, and protection of lands under the jurisdiction of the authority and the use, zoning, planning, and development of land and construction thereon. Rules adopted under this section shall follow existing law, rules, ordinances, and regulations as closely as is consistent with standards to meet minimum requirements of good design, health, safety, and coordinated development; provided that the rules, at a minimum, shall require that:

(1) A nominal fee shall be charged for all passenger and commercial vehicles traveling to the Hale Pohaku Visitor Center; and

(2) No privately owned vehicles shall travel to the Mauna Kea summit unless they are:

(A) Four-wheel-drive vehicles; and

(B) Used to provide access for customarily and traditionally exercised practices protected under Article XII, section 7, of the Hawaii State Constitution or as otherwise provided by permit or rule;

provided that no fee shall be charged for a private vehicle to travel to the Mauna Kea summit for purposes of providing access for customarily and traditionally exercised practices protected under Article XII, section 7, of the Hawaii State Constitution.

On the effective date of the initial rules adopted pursuant to this section, all rules pertaining to lands under the jurisdiction of the authority, established by the University of Hawaii or any entity other than the authority, including but not limited to the office of Mauna Kea management, Mauna Kea management board, and Kahu Ku Mauna, shall be rescinded. The authority shall coordinate and enter into memoranda of agreement as necessary with other government entities, including the office of Hawaiian affairs, department of Hawaiian home lands, department of land and natural resources, department of transportation, and county of Hawaii with regard to use and maintenance of portions of the Mauna Kea summit access road that traverses lands controlled by those entities.

§ -6 Project approval authorization. The authority is authorized to approve or disapprove all projects, including but not limited to design review, on all lands under the jurisdiction of the authority.

§ -7 Telescopes; limitations. No more than thirteen telescopes shall be present on Mauna Kea at any time; provided that no more than nine telescopes shall be present on Mauna Kea by January 1, 2028.

§ -8 Mauna Kea management revolving fund. There is created the Mauna Kea management revolving fund into which all receipts and revenues of the authority shall be deposited. Proceeds from the fund shall be used for administration, capital improvement projects, and other purposes pursuant to this chapter.

§ -9 Expenditures of revolving funds under the authority exempt from appropriation and allotment. Except as to administrative expenditures, and except as otherwise provided by law, expenditures from any revolving fund administered by the authority may be made by the authority without appropriation or allotment of the legislature; provided that no expenditure shall be made from and no obligation shall be incurred against any revolving fund in excess of the amount standing to the credit of the fund or for any purpose for which the fund may not lawfully be expended. Nothing in sections 37-31 to 37-41 shall require the proceeds of any revolving fund administered by the authority to be reappropriated annually.

§ -10 Transfer and renegotiation of leases, subleases, easements, permits, and licenses. All leases, subleases, easements, permits, and licenses executed by the University of Hawaii or department of land and natural resources, and pertaining to Mauna Kea, shall be transferred to the authority and shall be subject to renegotiation upon mutual agreement of the parties. The authority shall renegotiate subleases pertaining to telescopes on Mauna Kea in accordance with section 171-17 and take into account the value of land use and telescope viewing time. In addition, any future leases shall include, at a minimum, a stewardship component, community benefits package, and conversion of the applicable facility to a self-contained, zero-discharge waste system.

§ -11 Leases prohibited. No portion of Mauna Kea under the jurisdiction of the department of land and natural resources shall be leased or subleased by that department.

§ -12 Managed access. The authority shall develop a visitor center along the Mauna Kea summit access road that shall include, at a minimum, a kiosk entrance to manage access to Mauna Kea. All visitors who travel beyond the visitor center shall be required to register at the visitor center, pay applicable fees there, and receive orientation regarding safety, environmental protection, and cultural traditions and sensitivities. All visitors who travel to the summit shall be required to use a shuttle service established by the authority. The authority shall establish a policy that waives the entrance fee for visitors who wish to conduct, at any time during normal operating hours, customarily and traditionally exercised practices protected under Article XII, section 7, of the Hawaii State Constitution.

§ -13 Enforcement; rangers; powers; duties. (a) Pursuant to section -3(f)(1), the authority shall establish a unit of rangers who shall enforce laws and rules within the authority's jurisdiction.

(b) Rangers employed pursuant to this section shall be law enforcement officers who shall:

(1) Be responsible for the health, safety, and welfare of visitors to Mauna Kea, including responding to emergencies of a medical or law enforcement nature, enforcement of laws related to crimes against property rights under parts II and III of chapter 708, and the protection of natural resources;

(2) Investigate complaints, gather evidence, conduct investigations, and conduct field observations and inspections as required or assigned;

(3) Cooperate with enforcement authorities of the State, counties, and the federal government in development of programs and mutual aid agreements for the protection of Mauna Kea and the enforcement of applicable laws;

(4) Cooperate with established search and rescue agencies of the State, counties, and the federal government in developing plans and programs and mutual aid agreements for search and rescue activities within the State;

(5) Check and verify all leases, permits, and licenses issued by the authority;

(6) Enforce the laws relating to firearms, ammunition, and dangerous weapons contained in chapter 134; and

(7) Carry out other duties and responsibilities as the authority shall direct.

(1) The department of land and natural resources to provide assistance from the division of conservation and resources enforcement with applicable training and certification of rangers; and

(2) The county of Hawaii police department to provide assistance such as access to holding cells and fingerprinting and other processing of persons detained by rangers;

provided that the memoranda may provide for reimbursement by the authority for applicable expenses.

(d) Rangers may also serve as interpretive officers who provide information to Mauna Kea visitors.

§ -14 Fees and surcharges. (a) The authority shall establish an annual fee for each visitor to Mauna Kea; provided that the fee shall be waived for visitors who access Mauna Kea to exercise their customary and traditional practice rights under Article XII, section 7, of the Hawaii State Constitution; provided further that the authority shall establish rules for fee waivers, pursuant to section -5.

(b) The authority shall establish an annual fee for commercial tour operators to access Mauna Kea, the total annual net revenues of which shall be calculated to approximately equal the authority's annual operations and maintenance costs.

(c) The authority may establish a commercial tour fee surcharge, net revenues of which shall be used for cultural and educational programs related to activities on Mauna Kea.

(d) The University of Hawaii shall not be exempt from any fee, established pursuant to this chapter, associated with access to Mauna Kea.

(e) For the purposes of this section "net revenues" means the revenues realized by the authority after the amount collected and owed to the office of Hawaiian affairs pursuant to section -15 has been deducted.

§ -15 Revenue to be shared with the office of Hawaiian affairs. Notwithstanding Act 178, Session Laws of Hawaii 2006, or any other law to the contrary, the authority and the University of Hawaii shall provide to the office of Hawaiian affairs twenty per cent of all revenue collected by the authority or university as a result of lease rent, fees, penalties, commercial activities, technological transfers, monetization of intellectual properties or discoveries, and other revenue sources associated with telescopes situated on Mauna Kea; provided that revenue provided to the office of Hawaiian affairs pursuant to this section shall constitute the authority's pro rata share of public land trust proceeds to be expended by the office of Hawaiian affairs under section 10‑13.5.

§ -16 Exemption from taxation. The authority shall not be required to pay assessments levied by any county, nor shall the authority be required to pay state taxes of any kind.

§ -17 Assistance by state and county agencies. Any state or county agency may render services upon request of the authority.

§ -18 Annual report. No later than twenty days prior to the convening of each regular session, the authority shall submit to the governor and the legislature, a complete and detailed report of its activities, including but not limited to:

(1) The status of transfers of title to lands from the department of land and natural resources to the authority pursuant to part II of this Act;

(2) The status of all leases and subleases of land under the authority's jurisdiction; and

(3) An accounting of all revenue collected and expended by the authority.

The report submitted prior to the 2019 session shall include the status of rulemaking pursuant to section -5.

§ -19 Court proceedings; preferences; venue. (a) Any action or proceeding to which the authority, the State, or a county may be a party, in which any question arises as to the validity of this chapter or any portion of this chapter, shall be brought in the circuit court of the circuit where the case or controversy arises, which court is hereby vested with original jurisdiction over the action or proceeding. The action or proceeding shall be heard and determined in preference to all other civil cases pending therein except election cases, irrespective of position on the calendar. Upon application of counsel to the authority, the same preference shall be granted in any action or proceeding questioning the validity of this chapter in which the authority may be allowed to intervene.

(b) Notwithstanding any provision of law to the contrary, declaratory relief may be obtained for an action or proceeding under this section.

(c) Any party aggrieved by the decision of the circuit court may appeal in accordance with part I of chapter 641 and the appeal shall be given priority.

§ -20 Issuance of bonds. The director of finance may, from time to time, issue general obligation bonds pursuant to chapter 39 in amounts authorized by the legislature, for the purposes of this chapter.

§ -21 Violations and penalty. (a) The authority may set, charge, and collect reasonable fines for violation of this chapter or any rule adopted pursuant to chapter 91. Any person who violates any provision of this chapter or any rule adopted thereto, for which 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 authority.

(b) The authority may maintain an action for an injunction to restrain any violation of the provisions of this chapter and may take any other lawful action to prevent or remedy any violation.

(c) Any person violating any provision of this chapter, upon conviction, shall be punished by a fine not exceeding $1,000 or by imprisonment not exceeding thirty days, or both. The continuance of a violation after conviction shall be deemed a new offense for each day of a violation's continuance."

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

"§171-2 Definition of public lands. "Public lands" means all lands or interest therein in the State classed as government or crown lands previous to August 15, 1895, or acquired or reserved by the government upon or subsequent to that date by purchase, exchange, escheat, or the exercise of the right of eminent domain, or in any other manner; including lands accreted after May 20, 2003, and not otherwise awarded, submerged lands, and lands beneath tidal waters that are suitable for reclamation, together with reclaimed lands that have been given the status of public lands under this chapter, except:

(1) Lands designated in section 203 of the Hawaiian Homes Commission Act, 1920, as amended;

(2) Lands set aside pursuant to law for the use of the United States;

(3) Lands being used for roads and streets;

(4) Lands to which the United States relinquished the absolute fee and ownership under section 91 of the Hawaiian Organic Act prior to the admission of Hawaii as a state of the United States unless subsequently placed under the control of the board of land and natural resources and given the status of public lands in accordance with the state constitution, the Hawaiian Homes Commission Act, 1920, as amended, or other laws;

(5) Lands to which the University of Hawaii holds title;

(6) Lands to which the Hawaii housing finance and development corporation in its corporate capacity holds title;

(7) Lands to which the Hawaii community development authority in its corporate capacity holds title;

(8) Lands to which the department of agriculture holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167;

(9) Lands that are set aside by the governor to the Aloha Tower development corporation; lands leased to the Aloha Tower development corporation by any department or agency of the State; or lands to which the Aloha Tower development corporation holds title in its corporate capacity;

(10) Lands that are set aside by the governor to the agribusiness development corporation; lands leased to the agribusiness development corporation by any department or agency of the State; or lands to which the agribusiness development corporation in its corporate capacity holds title; [~~and~~]

(11) Lands to which the high technology development corporation in its corporate capacity holds title; and

(12) Lands to which the Mauna Kea management authority holds title, controls by lease from any state department or agency, or that are designated by the governor for management by the authority;

provided that, except as otherwise limited under federal law and except for state land used as an airport as defined in section 262-1, public lands shall include the air rights over any portion of state land upon which a county mass transit project is developed after July 11, 2005."

SECTION 3. Section 304A-1901, Hawaii Revised Statutes, is repealed.

["~~[O.] Mauna Kea Lands~~

~~[§304A-1901] Definitions.~~ ~~As used in this subpart:~~

~~"Board of regents" means the board of regents of the University of Hawaii.~~

"Fees" includes rents on leases of Mauna Kea lands, moneys received for use of Mauna Kea lands, moneys attributable to commercial activities on Mauna Kea lands, and moneys received for the use of facilities and programs on Mauna Kea lands.

"Mauna Kea lands" means the lands that the University of Hawaii is leasing from the board of land and natural resources, including the Mauna Kea Science Reserve, Hale Pohaku, the connecting roadway corridor between Hale Pohaku and the Mauna Kea Science Reserve, and any other lands on Mauna Kea that the University of Hawaii leases or over which the University of Hawaii acquires control or jurisdiction."]

SECTION 4. Section 304A-1902, Hawaii Revised Statutes, is repealed.

["~~[§304A-1902] Mauna Kea lands; fees; lease agreements.~~ ~~(a) The board of regents may charge a fee for use of the Mauna Kea lands and for the use of facilities and programs related to the Mauna Kea lands.~~

(b) The board of regents may enter into lease agreements for the Mauna Kea lands; provided that the University of Hawaii shall comply with all statutory requirements in the disposition of ceded lands.

(c) In establishing the fees, the board of regents shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91; provided that the fees shall be established at an open public meeting pursuant to chapter 92. The fees shall be deposited into the Mauna Kea lands management special fund established under section 304A-2170."]

SECTION 5. Section 304A-1903, Hawaii Revised Statutes, is repealed.

["~~[§304A-1903] Mauna Kea lands[;] rules.~~ ~~The board of regents may adopt rules pursuant to chapter 91 to regulate public and commercial activities on Mauna Kea lands.~~

~~In adopting these rules, the board shall:~~

(1) Strive for consistency with the administrative rules of the division of forestry and wildlife of the department of land and natural resources related to forest reserves and natural area reserves;

(2) Consult with the office of Hawaiian affairs to ensure that these rules shall not affect any right, customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupuaa tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights; and

~~(3) Hold at least one public hearing, in addition to the public hearing at which decision-making on the proposed rule is made, on the island of Hawaii.~~"]

SECTION 6. Section 304A-1904, Hawaii Revised Statutes, is repealed.

["~~[§304A-1904] Violations; penalties; costs; collection.~~ (a) In consultation with the office of Hawaiian affairs, the board of regents may set and provide for the assessment and collection of administrative fines for violations of this subpart or rules adopted hereunder; provided that the fines shall be set as follows:

~~(1) For the first violation, not more than $2,500;~~

~~(2) For the second violation within five years of a previous violation, not more than $5,000; and~~

~~(3) For the third violation within five years of a prior violation and any subsequent violation, not more than $10,000.~~

~~(b) Each day that the violation continues shall constitute a separate offense.~~

~~(c) The costs of any enforcement proceedings, including the costs of contested case proceedings, may be assessed against a party found to be in violation.~~

~~(d) Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.~~"]

SECTION 7. Section 304A-1905, Hawaii Revised Statutes, is repealed.

["~~[§304A-1905] Mauna Kea lands; reporting requirements.~~ The board of regents shall report annually to the legislature, no later than twenty days prior to the convening of each regular session, on the Mauna Kea lands activities, current and pending lease agreements and fees, the status of current and pending administrative rules, income and expenditures of the Mauna Kea lands [management] special fund established in section 304A-2170, and any other issues that may impact the activities of the Mauna Kea lands."]

SECTION 8. Section 304A-2170, Hawaii Revised Statutes, is repealed.

["~~[§304A-2170] Mauna Kea lands management special fund.~~ ~~(a) There is established the Mauna Kea lands management special fund, into which shall be deposited:~~

~~(1) Appropriations by the legislature;~~

~~(2) All net rents from leases, licenses, and permits, including fees and charges for the use of land and facilities within the Mauna Kea lands;~~

~~(3) All moneys collected for violations of subpart O of part IV; and~~

~~(4) Interest earned or accrued on moneys in the special fund.~~

~~(b) The proceeds of the special fund shall be used for:~~

(1) Managing the Mauna Kea lands, including maintenance, administrative expenses, salaries and benefits of employees, contractor services, supplies, security, equipment, janitorial services, insurance, utilities, and other operational expenses; and

~~(2) Enforcing administrative rules adopted relating to the Mauna Kea lands.~~

(c) No moneys deposited into the Mauna Kea lands management special fund may be used by the governor or the director of finance as a justification for reducing any budget request or allotment to the University of Hawaii unless the University of Hawaii requests the reduction.

~~(d) The University of Hawaii may establish separate accounts within the special fund for major program activities.~~

~~(e) All expenditures from the special fund shall be subject to legislative appropriation.~~

~~(f) For the purposes of this section, "Mauna Kea lands" shall mean the same as defined in section 304A-1901.~~"]

SECTION 9. All moneys in the Mauna Kea lands management special fund established pursuant to section 304A-2170, Hawaii Revised Statutes, shall be deposited in the Mauna Kea management revolving fund established pursuant to section -8 in section 1 of this Act.

PART II

SECTION 10. The department of land and natural resources shall transfer to the Mauna Kea management authority established pursuant to section 1 of this Act the title to all lands held in trust by the State and identified as government lands of Kaohe, Hamakua District, Hawaii, tax map keys:

(1) (3)4-4-015:09;

(2) (3) 4-4-015:12; and

(3) That portion of (3)4-4-015:01 serving as a road easement comprising 70.798 acres.

PART III

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3090
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII