Bill Text: HI SB816 | 2011 | Regular Session | Amended
Bill Title: Kahoolawe Island Reserve Commission; Department of Land and Natural Resources; Kahoolawe Conveyance Tax
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2011-02-17 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB816 Detail]
Download: Hawaii-2011-SB816-Amended.html
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THE SENATE |
S.B. NO. |
816 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE KAHO‘OLAWE ISLAND RESERVE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Kaho‘olawe island reserve commission is funded predominantly by a dwindling trust fund created in 1994 during the federal unexploded ordnance cleanup of Kaho‘olawe. This federal appropriation, totaling $44,000,000 over a period of several years, even though considerable, was not substantial enough to establish a sustainable endowment for the long-term restoration of Kaho‘olawe.
As stated in the federally-mandated Kaho‘olawe island conveyance commission final report to Congress in 1993, "in the short term, federal funds will provide the bulk of the program support for specific soil conservation projects and related activities. In the longer term, however, state revenues will be needed to continue and enhance those activities initiated with federal funds". For the past sixteen years, the initial federal funding has allowed the Kaho‘olawe island reserve commission to establish many of its innovative programs that emphasize ancestral and traditional knowledge, utilize a cultural approach of respect and connectivity to the environment, and integrate ancient and modern resource management techniques.
The purpose of this Act is to:
(1) Eliminate the Kaho‘olawe island reserve commission's oversight of the department of land and natural resources and instead place the commission and other departments and agencies of the State under the oversight of the department of land and natural resources with regard to the control and management of the island reserve;
(2) Provide that the commission and other state agencies shall be subject to the oversight of the department with regard to the control and management of the island reserve; and
(3) Direct the deposit of a percentage of the conveyance tax into the Kaho‘olawe rehabilitation trust fund to provide a continuous source of state funding for the rehabilitation and maintenance of the Kaho‘olawe island reserve.
SECTION 2. Section 6K-4, Hawaii Revised Statutes, is amended to read as follows:
"§6K-4 Powers and duties. The [department]
commission and other departments and agencies of the State shall be
subject to the oversight of the [commission] department with
regard to the control and management of the island reserve. Subject to section
6K-6, the department shall:
(1) Implement controls and permitted uses for the island reserve;
(2) Enforce this chapter;
(3) Provide administrative support to the commission; and
(4) Authorize those of its employees as it deems reasonable and necessary to serve and execute warrants and arrest offenders or issue citations in all matters relating to enforcement of the laws and rules applicable to the island reserve."
SECTION 3. Section 6K-6, Hawaii Revised Statutes, is amended to read as follows:
"§6K-6 Responsibilities and duties of the
commission. The general administration of the island
reserve shall rest with the commission[:]; provided that the
department shall have oversight of the control and management of the island
reserve pursuant to section 6K-4. In carrying out its duties and
responsibilities, the commission:
(1) Shall establish criteria, policies, and controls for permissible uses within the island reserve;
(2) Shall approve all contracts for services and rules pertaining to the island reserve;
(3) Shall provide advice to the governor, the department, and other departments and agencies on any matter relating to the island reserve;
(4) Shall provide advice to the office of planning and the department of the attorney general on any matter relating to the federal conveyance of Kaho‘olawe;
(5) May enter into curator or stewardship agreements with appropriate Hawaiian cultural and spiritual community organizations for the perpetuation of native Hawaiian cultural, religious, and subsistence customs, beliefs, and practices for the purposes stated in section 6K-3;
(6) Shall carry out those powers and duties otherwise conferred upon the board of land and natural resources and the land use commission with regard to dispositions and approvals pertaining to the island reserve. All powers and duties of the board of land and natural resources and the land use commission concerning dispositions and approvals pertaining to the island reserve are transferred to the commission;
(7) Shall carry out those powers and duties concerning the island reserve otherwise conferred upon the county of Maui by chapter 205A. The powers and duties of the county of Maui and its agencies concerning coastal zone dispositions and approvals pertaining to the island reserve are transferred to the commission;
(8) Shall carry out those powers and duties concerning the island reserve otherwise conferred upon the island burial councils and the department with regard to proper treatment of burial sites and human skeletal remains found in the island reserve;
(9) Shall adopt rules in accordance with chapter 91 that are necessary for the purposes of this chapter and shall maintain a record of its proceedings and actions;
(10) May delegate to the executive director or employees of the commission, by formal commission action, such power and authority vested in the commission by this chapter as the commission deems reasonable and proper for the effective administration of this chapter; and
(11) May solicit and accept grants, donations, and contributions for deposit into the Kaho‘olawe rehabilitation trust fund to support the purposes of this chapter."
SECTION 4. Section 247-7, Hawaii Revised Statutes, is amended to read as follows:
"§247-7 Disposition of taxes. All taxes collected under this chapter shall be paid into the state treasury to the credit of the general fund of the State, to be used and expended for the purposes for which the general fund was created and exists by law; provided that of the taxes collected each fiscal year:
(1) Ten per cent shall be paid into the land conservation fund established pursuant to section 173A-5;
(2) Twenty-five per cent from July 1, 2009, until
June 30, 2012, and thirty per cent in each fiscal year thereafter shall be
paid into the rental housing trust fund established by section 201H-202; [and]
(3) Twenty per cent from July 1, 2009, until June 30, 2012, and twenty-five per cent in each fiscal year thereafter shall be paid into the natural area reserve fund established by section 195-9; provided that the funds paid into the natural area reserve fund shall be annually disbursed by the department of land and natural resources in the following priority:
(A) To natural area partnership and forest stewardship programs after joint consultation with the forest stewardship committee and the natural area reserves system commission;
(B) [Projects] To projects
undertaken in accordance with watershed management plans pursuant to section
171-58 or watershed management plans negotiated with private landowners, and
management of the Hawaii natural area reserves system pursuant to
section 195-3; and
(C) [The] To the youth
conservation corps established under chapter 193[.]; and
(4) Ten per cent shall be paid into the Kaho‘olawe rehabilitation trust fund established by section 6K‑9.5."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2011.
Report Title:
Kahoolawe Island Reserve Commission; Department of Land and Natural Resources; Kahoolawe Conveyance Tax
Description:
Eliminates Kahoolawe island reserve commission oversight of the department of land and natural resources and other departments and agencies of the State with regard to the control and management of the island reserve. Provides that the commission and other state agencies shall be subject to the oversight of the department with regard to the control and management of the island reserve. Apportions ten per cent of the conveyance tax to the Kahoolawe rehabilitation trust fund. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
