HB1318

SECTION 1. The legislature finds that the small boat harbors 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 small boat harbors 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 small boat harbors remain uncompleted 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 small boat harbors, 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 the small boat harbor facilities, the county of Maui also has access to additional revenue that could be allocated to the small boat harbors. The legislature also recognizes that many transportation expansion options that are being considered by the county of Maui would rely on these small boat harbors. If these harbors were to be transferred to the county of Maui, the small boat harbors would allow the county to synchronize its transportation systems on all three islands within the county.

The legislature believes that support from users of these small boat harbors and the potential for integration of the small boat harbor facilities into the county's transportation systems necessitate the transfer of these small boat harbors 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 wharfs, launching ramps, and small boat harbors.

Accordingly, the purpose of this Act is to transfer certain wharfs, launching ramps, and small boat harbors 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- Wharfs, 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 wharfs, launching ramps, and small boat harbors to the department having jurisdiction over transportation services of the county in which each wharf, launching ramp, or small boat harbor is located:

(1) Lahaina small boat harbor;

(2) Manele small boat harbor;

(3) Mala wharf and ramp;

(4) Maalaea small boat harbor; and

(5) Kihei ramp.

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

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

(2) May adopt rules or ordinances, or both, regarding the issuance of permits for the use of the wharfs, launching ramps, or small boat harbors transferred under this section, including the imposition of fees and penalties.

SECTION 3. All employees who occupy civil service positions and whose functions are transferred to the county of Maui by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The director of transportation of the county of Maui may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of land and natural resources relating to the functions transferred to the department of transportation of the county of Maui shall be transferred with the functions to which they relate.

SECTION 5. There is appropriated out of the boating special fund the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 for the purposes of this Act and fulfilling the State's obligation to comply with Article VIII, section 4 of the state constitution.

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

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1318
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII