REPORT TITLE:
Kewalo Basin; Transfer


DESCRIPTION:
Transfers the management of Kewalo Basin from the department of
transportation to the department of land and natural resources.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2254
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO KEWALO BASIN.



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

 1      SECTION 1.  The purpose of this Act is to transfer the
 
 2 management of Kewalo Basin from the department of transportation
 
 3 to the department of land and natural resources.
 
 4      SECTION 2.  Chapter 200, Hawaii Revised Statutes, is amended
 
 5 by adding a new section to be appropriately designated and to
 
 6 read as follows:
 
 7      "200-    Kewalo Basin; management by department of land and
 
 8 natural resources.  (a)  Kewalo Basin shall be managed by the
 
 9 department of land and natural resources for the purposes of this
 
10 chapter.  All moneys derived pursuant to this chapter from that
 
11 harbor shall be deposited in the boating special fund established
 
12 in section 248-8.
 
13      (b)  When weather, road closures due to special events, or
 
14 road repairs do not permit the loading or unloading of passengers
 
15 at Kewalo Basin, cruise boats holding a Kewalo Basin sublease
 
16 approved by the State shall be allowed to use Honolulu Harbor
 
17 facilities on a space available basis, and the fees for the use
 
18 of facilities shall be in accordance with the administrative
 
19 rules of the department of land and natural resources relating to
 

 
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 1 fees for use of facilities for private gain."
 
 2      SECTION 3.  Section 266-17, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "266-17  Rates, how fixed.  [(a)]  The department of
 
 5 transportation shall adjust, fix, and enforce the rates
 
 6 assessable and chargeable by it in respect to dockage, wharfage,
 
 7 demurrage, and other rates and fees pertaining to harbors,
 
 8 wharves, and properties managed and operated by it so as to
 
 9 produce from the rates and fees, in respect to all harbors,
 
10 wharves, and other properties, except those that are principally
 
11 used for recreation or the landing of fish, revenues sufficient
 
12 to:
 
13      (1)  Pay when due the principal of and interest on all bonds
 
14           and other obligations for the payment of which the
 
15           revenue is or has been pledged, charged, or otherwise
 
16           encumbered, or which are otherwise payable from the
 
17           revenue or from a special fund maintained or to be
 
18           maintained from the revenue, including reserves
 
19           therefor, and to maintain the special fund in an amount
 
20           at least sufficient to pay when due all bonds or other
 
21           revenue obligations and interest thereon, which are
 
22           payable from the special fund, including reserves
 
23           therefor;
 

 
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 1      (2)  Provide for all expenses of operation and maintenance
 
 2           of the properties, including reserves therefor, and the
 
 3           expenses of the department in connection with operation
 
 4           and maintenance; and
 
 5      (3)  Reimburse the general fund of the State for all bond
 
 6           requirements for general obligation bonds which are or
 
 7           have been issued for harbor or wharf improvements, or
 
 8           to refund any of the improvement bonds, excluding
 
 9           bonds, the proceeds of which were or are to be expended
 
10           for improvements which are or will be neither revenue
 
11           producing nor connected in their use directly with
 
12           revenue producing properties.
 
13      [(b)  When weather, road closures due to special events, or
 
14 road repairs do not permit the loading or unloading of passengers
 
15 at Kewalo Basin, cruise boats holding a Kewalo Basin sublease
 
16 approved by the State shall be allowed to use Honolulu Harbor
 
17 facilities on a space available basis, and the fees for the use
 
18 of facilities shall be in accordance with the Hawaii
 
19 administrative rules of the department of transportation relating
 
20 to fees for use of facilities for private gain.]"
 
21      SECTION 4.  Section 266-19, Hawaii Revised Statutes, is
 
22 amended by amending subsection (a) to read as follows:
 
23      "(a)  There is created in the treasury of the State the
 

 
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 1 harbor special fund.  All moneys received by the department of
 
 2 transportation from the rates and fees pursuant to section
 
 3 [266-17(a)(1)] 266-17(1) shall be paid into the harbor special
 
 4 fund.  The harbor special fund and the second separate harbor
 
 5 special fund heretofore created shall be consolidated into the
 
 6 harbor special fund at such time as there are no longer any
 
 7 revenue bonds payable from the second separate harbor special
 
 8 fund.  The harbor reserve fund heretofore created is abolished.
 
 9      All moneys derived pursuant to this chapter from harbor
 
10 properties of the statewide system of harbors (excluding
 
11 properties principally used for recreation or the landing of
 
12 [fish, except properties located at Kewalo Basin, ewa of Ala
 
13 Moana Park, Honolulu)] fish) shall be paid into the harbor
 
14 special fund and each fiscal year shall be appropriated, applied,
 
15 or expended by the department of transportation for the statewide
 
16 system of harbors for any purpose within the jurisdiction,
 
17 powers, duties, and functions of the department of transportation
 
18 related to the statewide system of harbors (excluding properties
 
19 principally used for recreation or the landing of [fish, except
 
20 the properties located at Kewalo Basin, ewa of Ala Moana Park,
 
21 Honolulu),] fish), including, without limitation, the costs of
 
22 operation, maintenance and repair of the statewide system of
 
23 harbors and reserves therefor, and acquisitions (including real
 

 
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 1 property and interests therein), constructions, additions,
 
 2 expansions, improvements, renewals, replacements, reconstruction,
 
 3 engineering, investigation, and planning, for the statewide
 
 4 system of harbors, all or any of which in the judgment of the
 
 5 department of transportation are necessary to the performance of
 
 6 its duties or functions."
 
 7      SECTION 5.  All rights, powers, functions, and duties of the
 
 8 department of transportation with respect to the management of
 
 9 Kewalo Basin are transferred to the department of land and
 
10 natural resources.
 
11      All officers and employees whose functions are transferred
 
12 by this Act shall be transferred with their functions and shall
 
13 continue to perform their regular duties upon their transfer,
 
14 subject to the state personnel laws and this Act.
 
15      No officer or employee of the State having tenure shall
 
16 suffer any loss of salary, seniority, prior service credit,
 
17 vacation, sick leave, or other employee benefit or privilege as a
 
18 consequence of this Act, and such officer or employee may be
 
19 transferred or appointed to a civil service position without the
 
20 necessity of examination; provided that the officer or employee
 
21 possesses the minimum qualifications for the position to which
 
22 transferred or appointed; and provided that subsequent changes in
 
23 status may be made pursuant to applicable civil service and
 

 
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 1 compensation laws.
 
 2      Any incumbent officer or employee of the State who does not
 
 3 have tenure and who may be transferred or appointed to a civil
 
 4 service position as a consequence of this Act, shall be granted
 
 5 regular civil service status without loss of seniority, prior
 
 6 service credit, vacation, sick leave, or other employee benefits,
 
 7 and without the necessity of examination; provided they possess
 
 8 the minimum qualifications for the class to which their positions
 
 9 are assigned.  The pay rate of non-tenured employees affected by
 
10 this Act shall be determined in the same manner as the pay rate
 
11 of other civil service employees in comparable positions with the
 
12 same length of service.  Any officer or employee converted by
 
13 this Act shall have performed work satisfactorily in the position
 
14 for a period of not less than six months prior to the effective
 
15 date of this Act.
 
16      In the event that an office or position held by an officer
 
17 or employee having tenure is abolished, the officer or employee
 
18 shall not thereby be separated from public employment, but shall
 
19 remain in the employment of the State with the same pay and
 
20 classification and shall be transferred to some other office or
 
21 position for which the officer or employee is eligible under the
 
22 personnel laws of the State as determined by the head of the
 
23 department or the governor.
 

 
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 1      SECTION 6.  All appropriations, records, equipment,
 
 2 machines, files, supplies, contracts, books, papers, documents,
 
 3 maps, and other personal property heretofore made, used,
 
 4 acquired, or held by the department of transportation with
 
 5 respect to the management of Kewalo Basin relating to the
 
 6 functions transferred to the department of land and natural
 
 7 resources shall be transferred with the functions to which they
 
 8 relate.
 
 9      All funds appropriated to the department of transportation
 
10 for fiscal year 2000-2001, directly or indirectly, relating to
 
11 the functions transferred under this Act shall be appropriately
 
12 transferred to the department of land and natural resources.
 
13      SECTION 7.  All rules, policies, procedures, guidelines, and
 
14 other material adopted or developed by the department of
 
15 transportation with respect to the management of Kewalo Basin
 
16 shall remain in full force and effect until amended or repealed
 
17 by the department of land and natural resources pursuant to
 
18 chapter 91, Hawaii Revised Statutes.  In the interim, every
 
19 reference to the department of transportation in those rules,
 
20 policies, procedures, guidelines, and other material as they
 
21 relate to the management of Kewalo Basin is amended to refer to
 
22 the department of land and natural resources or the director of
 
23 land and natural resources, as appropriate.
 

 
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 1      SECTION 8.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 9.  This Act shall take effect upon its approval.
 
 4 
 
 5                              INTRODUCED BY:______________________