THE SENATE

S.B. NO.

457

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

RELATING TO HAPUNA BEACH PARK.

 

 

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

 


     SECTION 1.  The State shall transfer in fee simple Hapuna beach park to the county of Hawaii.

     For purposes of this Act, the legislature finds that section 171-64.7, Hawaii Revised Statutes, does not apply.  That section requires the department of land and natural resources to submit a concurrent resolution to the legislature for review of a sale or gift of land that it proposes.  The transfer of Hapuna beach park to the county of Hawaii is not proposed by the department of land and natural resources; rather, this Act is a mandate imposed by the legislature upon the department.

     SECTION 2.  The jurisdiction, functions, powers, duties, and authority heretofore exercised by the department of land and natural resources relating to Hapuna beach park located in the county of Hawaii shall be transferred to and conferred to the county of Hawaii by this Act.

     The county of Hawaii shall succeed to all of the rights and powers previously exercised, and all 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 by law, contract, or other documents.

     SECTION 3.  For purposes of this Act, specific provisions relating to public lands under chapter 171, Hawaii Revised Statutes, that apply to Hapuna beach park shall be deemed to apply to the county of Hawaii.

     SECTION 4.  Concurrent with the transfer of jurisdiction over Hapuna beach park to the county of Hawaii, all rights, powers, functions, liabilities, claims, and duties of the department of land and natural resources with respect to Hapuna beach park shall be transferred to the county of Hawaii.

     SECTION 5.  Concurrent with the transfer of jurisdiction of Hapuna beach park to the county of Hawaii, 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 county of Hawaii shall be transferred with the functions to which they relate.

     SECTION 6.  (a)  Concurrent with the transfer of jurisdiction of Hapuna beach park to the county of Hawaii, the department of land and natural resources shall transfer to the county of Hawaii all state appropriations that are used for maintenance, operation, repair, construction, or other uses in Hapuna beach park. 

     (b)  It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or county of Hawaii, or any agency respectively thereof, to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor or mayor of the county of Hawaii, as applicable, may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefore to the legislature at its next session thereafter for review by the legislature.

     SECTION 7.  Article VIII, section 5, of the Hawaii State Constitution, relating to state funding of mandated programs to the counties, shall be deemed satisfied by the transfer of state appropriations and federal funds from the State to the county of Hawaii under this Act; provided that the county of Hawaii may request the legislature to appropriate additional funds as necessary from time to time to implement this Act.

     SECTION 8.  This Act shall take effect on January 1, 2014.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Hapuna Beach Park; Transfer to County of Hawaii

 

Description:

Transfers in fee simple Hapuna beach park to the county of Hawaii on 1/1/2014.

 

 

 

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