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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1919 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO STATE BOATING FACILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§200-
State boating facility
lease program; established. (a) There is established a state boating facility
lease program within the department to be implemented and managed by the
division of boating and ocean recreation under which the board shall lease one
state small boat harbor in its entirety, including fast lands and submerged
lands attached thereto, for private development, management, maintenance, and
operation; provided that the small boat harbor to be leased pursuant to the
state boating facility lease program shall be selected by the board of land and
natural resources at a public meeting held pursuant to chapter 92; provided
further that the lease may be issued by public auction, request for proposals,
or direct negotiation; and provided further that no lease entered into pursuant
to this section shall be for a period ending after June 30, 2044.
(b) The state boating facility lease program
shall be exempt from the prior legislative authorization required by section
171-60(a).
(c) The department shall submit a report of its
findings and recommendations on the state boating facility lease program,
including any proposed legislation and a
recommendation on whether the program should be continued, modified, or
terminated, to the legislature no later than twenty days prior to the
convening of each regular session."
SECTION 2. Section 200-2.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Notwithstanding any law to the contrary, the
board may lease fast lands and submerged lands within an existing state boating
facility by public auction, a request for proposals, or by direct negotiation
pursuant to section 171-59 and chapter 190D, for private development,
management, maintenance, and operation[; provided that any lease of
fast lands or submerged lands pursuant to a request for proposals shall be
subject to section 200-2.6, regardless to which state boating facility the fast
or submerged lands are attached].
As
used in this section, [the term] "state boating facility"
means a state small boat harbor, launching ramp, offshore mooring, pier, wharf,
landing, or any other area under the jurisdiction of the department pursuant to
this chapter."
SECTION 3. Section 200-2.6, Hawaii Revised Statutes, is repealed.
["[§200-2.6] Ala Wai boat harbor; leases. The fast lands and submerged lands of the Ala
Wai boat harbor that may be leased include the following:
(1) All fast lands and submerged lands
described in the request for qualifications or request for proposals issued by
the division of boating and ocean recreation of the department on November 25,
2008;
(2) The fast land described as a portion
of tax map key: (1) 2-3-37-12, composed of approximately 112,580 square feet,
presently used for harbor offices and permitted vehicular parking; and
(3) The fast land described as a portion
of tax map key: (1) 2-3-37-12, which is a triangular area located Diamond Head
of Mole B, presently used for permitted vehicular parking."]
SECTION 4. All employees of the division of boating and ocean recreation of the department of land and natural resources who occupy civil service positions and whose functions are replaced as a result of this Act shall retain their civil service status, whether permanent or temporary. Employees shall be reassigned within the division of boating and ocean recreation without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges in accordance with state personnel laws; provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
SECTION
5. There
is appropriated out of the boating special fund the sum of $440,000 or so much
thereof as may be necessary for fiscal year 2024-2025 for the establishment of
four full-time equivalent (4.0 FTE) boating and ocean recreation harbor agent
VI positions within the division of boating and ocean recreation of the
department of the department of land and natural resources.
The
sum appropriated shall be expended by the department of land and natural
resources for the purposes of this Act.
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 3000; provided that this Act shall be repealed on June 30, 2044, and sections 200-2.5(a) and 200-2.6, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day prior to the effective date of this Act.
Report Title:
DLNR;
State Boating Facility Lease Program; Ala Wai Boat Harbor; Leases; Repeal;
Appropriation
Description:
Establishes a state boating facility lease program within the Department of Land and Natural Resources to lease 1 state small boat harbor for private development, management, maintenance, and operation. Repeals provisions related to the leasing of fast lands and submerged lands of the Ala Wai boat harbor. Appropriates moneys out of the boating special fund. Repeals on 6/30/2044. Effective 7/1/3000. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.