Bill Text: HI SB3011 | 2012 | Regular Session | Introduced
Bill Title: Department of Agriculture; Agribusiness Development Corporation; Transfer
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-04-26 - (S) Conference committee meeting to reconvene on 04-27-12 1:15PM in conference room 224. [SB3011 Detail]
Download: Hawaii-2012-SB3011-Introduced.html
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THE SENATE |
S.B. NO. |
3011 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public landS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 171-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Notwithstanding subsection (a)[,
beginning]:
(1) Beginning January 1, 2010, the
authority to manage, administer, and exercise control over any public lands
that are designated important agricultural lands pursuant to section 205-44.5,
shall be transferred to the department of agriculture[.]; and
(2) By January 1, 2013, the department shall transfer title of all public lands under its jurisdiction that are within an agricultural land use district under section 205-2 to the agribusiness development corporation, pursuant to section 163D-16(d) and (e), except lands that are being used by the department for its offices or other administrative purposes."
SECTION 2. Section 163D-16, Hawaii Revised Statutes, is amended to read as follows:
"[[]§163D-16[]] Use of
public lands; acquisition of state lands[.]; transfer of title.
(a) Notwithstanding chapter 171 to the contrary, the governor may transfer
lands not subject to subsection (d) located within a project area to the
corporation for its use.
(b) If state lands under the control and management of other public agencies that have not been transferred pursuant to subsection (d) are required by the corporation for its purposes, the agency having the control and management of those required lands, upon request by the corporation and with the approval of the governor, may lease the lands to the corporation upon such terms and conditions as may be agreed to by the parties.
(c) Notwithstanding subsection (b) to the contrary, no public lands shall be leased to the corporation if the lease would impair any covenant between the State or any county, or any department or board thereof, and the holders of bonds issued by the State or the county, department, or board.
(d) Notwithstanding chapter 171 or any provision of this chapter to the contrary, the department of land and natural resources shall:
(1) By January 1, 2013, transfer title of all public lands under its jurisdiction that are within an agricultural land use district under section 205-2 to the corporation, except lands that are being used by the department for its offices or other administrative purposes; and
(2) Establish a standard instrument to document titles that have been transferred to the corporation. The standard instrument shall include:
(A) The location of the transferred land described by metes and bounds, tax map key number, or both;
(B) The size of the transferred land, rounded to the nearest acre;
(C) The date that the transferred land was acquired by the department;
(D) If the transferred land is subject to a lease, the name of the lessee, the date that the lease was executed, the date that the lease expires, and the nature of the business transacted on the transferred land;
(E) The transferred land's state land use and county zoning designation;
(F) A description of all natural resources, including minerals and water, located on or appurtenant to the transferred land;
(G) A description of every easement, covenant, regulatory condition, or other benefit or servitude to which the transferred land is entitled or subject; and
(H) A description of all leases, uses, or other dispositions to which the transferred land is subject.
(e) For lands for which the department of land and natural resources has transferred title to the corporation under subsection (d), the department shall retain all regulatory and enforcement functions and the corporation shall assume all commercial and revenue-generating functions."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2012.
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INTRODUCED BY: |
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Report Title:
DLNR; Agribusiness Development Corporation; Title Transfer
Description:
Requires DLNR to transfer title to public agricultural lands under its jurisdiction to the agribusiness development corporation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
