HOUSE OF REPRESENTATIVES

H.B. NO.

2408

TWENTY-EIGHTH LEGISLATURE, 2016

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LAND DISPOSITIONS.

 

 

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

 


     SECTION 1.  Section 171-6, Hawaii Revised Statutes, is amended to read as follows:

     "§171-6  Powers.  Except as otherwise provided by law, the board of land and natural resources shall have the powers and functions granted to the heads of departments and the board of land and natural resources under chapter 26.

     In addition to the foregoing, the board may:

     (1)  Adopt a seal;

     (2)  Administer oaths;

     (3)  Prescribe forms of instruments and documents;

     (4)  Adopt rules which, upon compliance with chapter 91, shall have the force and effect of law;

     (5)  Set, charge, demand, and collect reasonable fees for the preparation of documents to be issued, for the surveying of public lands, and for the issuing of certified copies of its government records, which fees, when collected, shall be deposited into the state general fund, unless otherwise specified in this chapter;

     (6)  Establish additional restrictions, requirements, or conditions, not inconsistent with those prescribed in this chapter, relating to the use of particular land being disposed of, the terms of sale, lease, license, or permit, and the qualifications of any person to draw, bid, or negotiate for public land;

     (7)  Reduce or waive the lease rental at the beginning of the lease on any lease of public land to be used for any agricultural or pastoral use, or for resort, commercial, industrial, or other business use where the land being leased requires substantial improvements to be placed thereon; provided that such reduction or waiver shall not exceed two years for land to be used for any agricultural or pastoral use, or exceed one year for land to be used for resort, commercial, industrial, or other business use;

     (8)  Delegate to the chairperson or employees of the department of land and natural resources, subject to the board's control and responsibility, such powers and duties as may be lawful or proper for the performance of the functions vested in the board; provided that the board may delegate to the director of transportation the authority to approve revocable permits for public lands set aside to the department of transportation pursuant to section 171-11;

     (9)  Use arbitration under chapter 658A to settle any controversy arising out of any existing or future lease;

    (10)  Set, charge, and collect reasonable fees in an amount sufficient to defray the cost of performing or otherwise providing for the inspection of activities permitted upon the issuance of a land license involving a commercial purpose;

    (11)  Appoint masters or hearing officers to conduct public hearings as provided by law and under such conditions as the board by rules shall establish;

    (12)  Bring such actions as may be necessary to remove or remedy encroachments upon public lands.  Any person causing an encroachment upon public land shall:

         (A)  Be fined not more than $1,000 a day for the first offense;

         (B)  Be fined not less than $1,000 nor more than $4,000 per day upon the second offense and thereafter;

         (C)  If required by the board, restore the land to its original condition if altered and assume the costs thereof;

         (D)  Assume such costs as may result from adverse effects from such restoration; and

         (E)  Be liable for administrative costs incurred by the department and for payment of damages;

    (13)  Set, charge, and collect interest and a service charge on delinquent payments due on leases, sales, or other accounts.  The rate of interest shall not exceed one per cent a month and the service charge shall not exceed $50 a month for each delinquent payment; provided that the contract shall state the interest rate and the service charge and be signed by the party to be charged;

    (14)  Set, charge, and collect additional rentals for the unauthorized use of public lands by a lessee, licensee, grantee, or permittee who is in violation of any term or condition of a lease, license, easement, or revocable permit, retroactive to the date of the occurrence of the violation.  Such amounts shall be considered delinquent payments and shall be subject to interest and service charges as provided in paragraph (13);

    (15)  Set, charge, and collect reasonable fines for violation of this chapter or any rule adopted thereunder.  Any person engaging in any prohibited use of public lands or conducting any prohibited activity on public lands, or violating any of the other provisions of this chapter or any rule adopted thereunder, for which violation a penalty is not otherwise provided, shall be:

         (A)  Fined not more than $5,000 per violation for a first violation or a violation beyond five years of the last violation; provided that, after written or verbal notification from the department, an additional $1,000 per day per violation may be assessed for each day in which the violation persists;

         (B)  Fined not more than $10,000 per violation for a second violation within five years of the last violation; provided that, after written or verbal notification from the department, an additional $2,000 per day per violation may be assessed for each day in which the violation persists;

         (C)  Fined not more than $20,000 per violation for a third or subsequent violation within five years of the last violation; provided that, after written or verbal notification from the department, an additional $4,000 per day per violation may be assessed for each day in which the violation persists; and

         (D)  Liable for administrative costs and expenses incurred by the department and for payment for damages, including but not limited to natural resource damages.

          In addition to the fines, administrative costs, and damages provided for hereinabove, for damage to or theft of natural resources, the board may also set, charge, and collect a fine that, in its discretion, is appropriate considering the value of the natural resource that is damaged or the subject of the theft.  In arriving at an appropriate fine, the board may consider the market value of the natural resource damaged or taken and any other factor it deems appropriate, such as the loss of the natural resource to its natural habitat and environment and the cost of restoration or replacement.  The remedies provided for in this paragraph are cumulative and in addition to any other remedies allowed by law.

No person shall be sanctioned pursuant to this section for the exercise of native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii state constitution;

    (16)  Issue revenue bonds, subject to the approval of the legislature.  All revenue bonds shall be issued pursuant to part III of chapter 39, except as provided in this chapter.  All revenue bonds shall be issued in the name of the department and not in the name of the State.  The final maturity date of the revenue bonds may be any date not exceeding thirty years from the date of issuance;

    (17)  Pledge or assign all or any part of the receipts and revenues of the department.  The revenue bonds shall be payable from and secured solely by the revenue derived by the department from the industrial park or parks for which the bonds are issued;

    (18)  Reimburse the state general fund for debt service on general obligation bonds or reimbursable general obligation bonds issued by the State for purposes of this chapter;

    (19)  Notwithstanding part II of chapter 205A to the contrary, plan, design, construct, operate, and maintain any lands or facilities under the jurisdiction of the division of boating and ocean recreation of the department without the need to obtain a special management area minor permit or special management area use permit; and

    (20)  Do any and all things necessary to carry out its purposes and exercise the powers granted in this chapter."

     SECTION 2.  Section 171-11, Hawaii Revised Statutes, is amended to read as follows:

     "§171-11  Public purposes, lands set aside by the governor; management.  The governor may, with the prior approval of the board of land and natural resources, set aside public lands to any department or agency of the State, the city and county, county, or other political subdivisions of the State for public use or purpose.  All withdrawals of the lands or portions thereof so set aside shall be made by the governor.

     Any public lands set aside by the governor prior to the enactment of this chapter, or any public lands set aside by the governor of the Territory of Hawaii, shall be subject to the provisions of this section.

     Lands while so set aside for such use or purpose or when acquired for roads and streets shall be managed by the department, agency, city and county, county, or other political subdivisions of the State having jurisdiction thereof, unless otherwise provided by law.  Such department, agency of the State, the city and county, county, or other political subdivisions of the State in managing such lands shall be authorized to exercise all of the powers vested in the board in regard to the issuance of leases, easements, licenses, revocable permits, concessions, or rights of entry covering such lands for such use as may be consistent with the purposes for which the lands were set aside on the same terms, conditions, and restrictions applicable to the disposition of public lands, as provided by this chapter all such dispositions being subject to the prior approval of the board; provided that any nonrenewable dispositions granting rights for a period not in excess of fourteen days, or revocable permits for public lands set aside to the department of transportation and issued by the department of transportation, shall not require (1) the approval of the board or (2) public auction or public advertisement for sealed tenders; and provided further that disposition of lands set aside for use as agricultural parks pursuant to chapter 166 shall not be subject to the prior approval of the board.  If at the time of the disposition of any such leases the board shall have approved the same, any order withdrawing or setting aside any or all of such lands for any other public purpose shall be made subject to such leases.  Subject to section 5(f) of the Act of March 18, 1959 (73 Stat. 6), all proceeds from such lands shall be deposited into the appropriate funds provided by law.

     This section shall also apply where the purposes are the uses and purposes of the United States; provided that all revenues derived from the lands and improve­ments thereon shall be paid to the department of land and natural resources by the United States.

     Whenever lands set aside for a public purpose to the various departments and agencies of the State, or to any city and county, county, or other political subdivi­sions of the State, or to the United States, are not being utilized or required for the public purpose stated, the order setting aside the lands shall be withdrawn and the lands shall be returned to the department.  The governor may withdraw public lands and, with the prior approval of the board of land and natural resources, set aside the withdrawn lands to another department or agency of the State, the city and county, county, or political subdivision of the State, or to the United States for public use or purpose, provided that no structure on such lands shall be built, demolished or altered until after the legislative action or inaction as hereinbelow provided.

     The power granted to the governor in this section to set aside or withdraw or withdraw and set aside public lands shall be exercised subject to disapproval by the legislature by two-thirds vote of either the senate or the house of representatives or by the majority vote of both, in any regular or special session next following the date of the setting aside or withdrawal, or withdrawal and setting aside.

     Whenever portions of lands set aside for a public purpose to the various departments and agencies of the State, or to any city and county, county, or other political subdivision of the State are not presently utilized or required for the public purpose stated, the board shall have the power, without withdrawing the order setting aside the lands, to dispose of any and all real property interest less than the fee in the portions of such lands where the disposition is for a use which is consistent or inconsistent with the purpose for which the land was set aside.  All funds derived from disposition by the board shall be deposited in the general fund of the State or be paid to the appropriate account; provided that all such dispositions shall be with the prior written approval of the department, agency, city and county, county, or other political subdivisions of the State and the governor, and shall be undertaken in compliance with all other applicable sections of this chapter."

     SECTION 3.  Section 171-55, Hawaii Revised Statutes, is amended to read as follows:

     "§171-55  Permits.  Notwithstanding any other law to the contrary, the board of land and natural resources, or the department of transportation with respect to revocable permits issued for public land under its jurisdiction pursuant to section 171-11, may issue permits for the temporary occupancy of state lands or an interest therein on a month-to-month basis by direct negotiation without public auction, under conditions and rent which will serve the best interests of the State, subject, however, to those restrictions as may from time to time be expressly imposed by the board[.], except for revocable permits that are issued by the department of transportation.  A permit on a month-to-month basis may continue for a period not to exceed one year from the date of its issuance; provided that the board or the department of transportation may allow the permit to continue on a month-to-month basis for additional one year periods."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050; provided that on July 1, 2019, this Act shall be repealed and sections 171-6, 171-11, and 171-55, 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:

Disposition of Land; Department of Transportation

 

Description:

Authorizes the Department of Transportation to issue revocable permits without approval of the Board of Land and Natural Resources.  Effective July 1, 2050.  Repealed on July 1, 2019 (HB2408 HD1)

 

 

 

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