HB1897

Report Title:

Hawaii Port Authority; Establishment

Description:

Establishes Hawaii port authority for all highways and roads, harbors, and airports in the State. Directs the authority, in consultation with other affected state agencies, to propose specific actions to be taken for transition to the authority.

HOUSE OF REPRESENTATIVES	H.B. NO.	1897
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE HAWAII PORT AUTHORITY.

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

SECTION 1. The legislature finds that Hawaii's maritime planning, management, and development functions are currently dispersed among the department of transportation's harbors division, the department of land and natural resources' boating and ocean recreation program, the Hawaii community development authority, and the Aloha Tower development corporation. This multijurisdictional situation has resulted in inefficiencies and conflicts over maritime and nonmaritime uses that are difficult to resolve between agencies.

The legislature finds a similar problem with highways and roads throughout the State. While the State is supposed to have jurisdiction over state highways and the counties over their respective county highways, in reality it is unclear to the general public into which category many of these roads belong. This is a long-standing problem stretching back to the beginning of the 1900s, as documented in the legislative reference bureau's study, Roads in Limbo: an Analysis of the State-County Jurisdictional Dispute (1989). The problem is exacerbated by roads in which a portion of the road is a state highway and other portions of it are county highways. While this situation has been significantly improved since the bureau documented it in 1989, a number of roads, including Kalihi Street, Kamehameha Highway, Queen Street, and Pali Highway, still have their ownership split between the State and the county.

The legislature further finds that the economic well-being of the State depends in part on the efficient use of all of its transportation resources which will enhance and complement efforts to revitalize Hawaii's economy. The legislature believes that coordinated planning and development of transportation would be carried out more effectively by a single entity having overall consolidated jurisdiction.

The purpose of this Act is to establish the Hawaii port authority, an independent public entity to set statewide policy on all matters relating to land transportation, harbors, and airports in Hawaii. It is the intent of the legislature that the functions, duties, and staff of the departments and agencies currently charged with these responsibilities will be eventually transferred to this authority. Because of the complexities involved with such a transfer, the legislature will establish the authority and its board by this Act and give the board one year to propose the exact form and details of the transfer to the legislature.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

HAWAII PORT AUTHORITY

§ -1 Definitions. As used in this chapter, unless the context clearly requires otherwise:

"Authority" means the Hawaii port authority as created in section -2.

"Board" means the board of directors of the authority as defined in section -2.

"Transition period" means the one-year interval between July 1, 2002, and June 30, 2003, during which decisions are made regarding jurisdiction over the various duties, functions, and responsibilities that are to be transferred.

§ -2 Hawaii port authority established; authority board and executive director. (a) There is established the Hawaii port authority, which shall be a public body corporate and politic, a public instrumentality, and an agency of the State. The authority shall be placed within the department of transportation for administrative purposes.

(b) All jurisdiction over state and county highway, airport, harbor, and maritime functions, including highway jurisdiction under the department of transportation and the counties, airport jurisdiction under the department of transportation's airports division, and the harbor and maritime functions under the department of transportation's harbors division, the department of land and natural resources' boating and ocean recreation program, the Hawaii community development authority, and the Aloha Tower development corporation, shall be transferred to the port authority on July 1, 2003.

(c) The authority shall consist of a board of directors having fifteen voting members, to serve as follows. Three directors shall be the director of transportation, the director of business, economic development, and tourism, and the chairperson of the board of land and natural resources, or their respective designated representatives, to serve as ex officio voting members. Twelve members from the public at large shall be appointed by the governor for staggered six-year terms and shall also serve as voting members. Of these twelve, eight of the appointed members shall be selected as county representatives, with two each selected from the counties of Honolulu, Maui, Hawaii, and Kauai. The remaining four appointed members shall be selected on the basis of their knowledge, expertise, and experience in economics, finance, development, maritime issues, land transportation issues, airport planning issues, planning, labor, or related areas.

Of the four members appointed to the board on the basis of their expertise, two shall serve an initial term of two years while the remaining two members shall serve an initial term of six years. Of the members appointed as county representatives, two shall serve an initial term of two years, four of four years, and two of six years. Appointed members may be reappointed when their terms expires. No appointed member shall be an officer or employee of the State or any county. All members shall continue in office until their respective successors have been appointed. The board, by a majority vote, shall elect a chairperson from within its membership.

(d) The appointed members of the board shall be appointed by the governor within thirty days of the effective date of this Act. The director of transportation shall convene the first meeting of the board no later than thirty days after the last board member is appointed. The board shall select its chairperson at its initial meeting. The chairperson shall serve for two years and may be re-elected by the board.

(e) The board shall prepare and submit to the governor and legislature, at least twenty days prior to the convening of the regular session of 2003, proposed legislation to transfer the functions, powers, duties, lands, personal property, and personnel to accomplish the purposes set forth in this Act.

§ -3 Powers; generally. (a) The authority shall have all the powers necessary to carry out its purposes; provided that its powers shall be limited to only the areas under its jurisdiction. The authority shall have the power:

(1) To sue and be sued;

(2) To have a seal and alter the same at its pleasure;

(3) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this Act;

(4) To make and alter bylaws for its organization and internal management; and

(5) To adopt rules under chapter 91 necessary to effectuate this chapter in connection with its projects, operations, properties, and facilities."

SECTION 3. It is the intention of the legislature that there be a transition period after the establishment of the Hawaii port authority and board. The year following July 1, 2002, shall serve as a transition period, in which the affected state and county agencies, including the county agencies charged with handling county highways; the Aloha Tower development corporation, Hawaii community development authority; the department of transportation; the department of land and natural resources; and the department of business, economic development, and tourism, shall assist the board in detailing the specific actions to be taken to effect the transition, including providing the board information and support as requested, preparing legislation, and preparing the report to the governor and the legislature.

The transition shall end, and the full powers and duties of the Hawaii port authority and board shall take effect, on July 1, 2003, following enactment of transition and transfer legislation during the 2003 legislative session.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________