SB 750: RELATING TO GOVERNMENT PROPERTY.

A BILL FOR AN ACT

relating to government property.

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

     SECTION 1.  The legislature finds that the state boating facilities on Maui are cherished and important parts of the island's communities and are critical for fishing, recreation, commerce, and transportation.  However, the legislature recognizes that Maui's state boating facilities have descended into complete disarray and are under-functioning in many different aspects.  The legislature also finds that numerous repairs and maintenance projects at these facilities remain incomplete and services are performed on an ad hoc basis.  Further, because the revenue derived from these facilities is spread out over the entire State, it has also resulted in the lack of basic functions at these facilities, including maintenance, needed repairs, and sanitation services.  The legislature further finds that because the governance of these facilities is primarily done through offices on Oahu, users of these facilities must often send communications through several layers of personnel.

     The legislature notes that, in addition to possessing the capability to allocate funding from permit fees back to these state boating facilities, the county of Maui also has access to additional revenue that could be allocated to certain wharves, ramps, and small boat harbors.  The legislature also recognizes that many transportation options that are being considered by the county of Maui would rely on these state boating facilities.  If these state boating facilities were to be transferred to the county of Maui, the county could synchronize its transportation systems on all three islands within the county.

     The legislature believes that support from users of these state boating facilities and the potential for integration of these facilities into the county's transportation systems necessitate the transfer of these facilities to the county of Maui and further believes that these transfers will help to create a system of governance, responsiveness, and additional support for the affected state boating facilities.

     Accordingly, the purpose of this Act is to transfer certain state boating facilities from the department of land and natural resources to the county of Maui.

     SECTION 2.  Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§200-    State boating facilities; wharves, launching ramps, and small boat harbors; transfer of duties.  (a)  The board shall transfer its duties under sections 200-2 and 200-3 that pertain to the operation, administration, and maintenance of the following state boating facilities to the department having jurisdiction over transportation services of the county in which each wharf, launching ramp, or small boat harbor is located:

     (1)  Mala wharf and ramp; and

     (2)  Kihei ramp.

     (b)  Each county that assumes duties pursuant to this section:

     (1)  Shall comply with this chapter and all other applicable laws;

     (2)  Shall be responsible for the operation and maintenance of the public beach parks and ocean recreation activities associated with the respective wharf, launching ramp, or small boat harbor; and

     (3)  May adopt rules or ordinances, or both, regarding the issuance of permits for the use of the state boating facilities transferred under this section, including the imposition of fees and penalties.

     (c)  The board shall adopt rules, pursuant to chapter 91, necessary for the purposes of this section.

     (d)  For the purposes of this section, "state boating facilities" has the same meaning as defined in section 200-2.5."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the purposes of this Act and fulfillment of the State's obligation to comply with article VIII, section 4, of the Hawaii State Constitution.

     The sums appropriated shall be expended by the county of Maui for the purposes of this Act.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2025.

Report Title:

DLNR; Board of Land and Natural Resources; Counties; Wharves; Launching Ramps; State Boating Facilities; Transfer; Appropriations

Description:

Transfers from the Department of Land and Natural Resources certain state boating facilities on Maui to the County of Maui with the corresponding revenue from those harbors.  Appropriates funds.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.