Report Title:

State Parks; Transfer to Counties; Feasibility Study

 

Description:

Creates an advisory task force to develop an action plan for the transfer of jurisdiction over state parks from DLNR to the counties; a timetable for the transfer; a list of all relevant federal and state funds, appropriations, and contracts that would be affected by the transfer; and recommendations for the enactment of any county ordinances or policies needed to protect the environment, historical and cultural sites, recreation, maintenance, funding, safety, and responsiveness to park users. Requires the governor to convene the task force within 30 days of the Act's effective date. Includes as members of the task force, the chair of DLNR, the four county directors with jurisdiction over parks and recreation, a park user appointed by the governor, and the chairs of the house of representatives' and the senate's standing committees with jurisdiction over intergovernmental affairs. Requires DLNR's chair to submit a report of recommendations and implementing legislation to the legislature no later than 20 days before the convening of the 2004 regular session.

THE SENATE

S.B. NO.

39

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to parks.

 

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

SECTION 1. Transfer of state parks to county control; feasibility; advisory task force. (a) There is established within the governor's office for administrative purposes an advisory task force to develop an action plan for the transfer of all state parks, together with all state park functions and funds, to the counties. The governor shall convene the task force within thirty days after the effective date of this Act.

(b) The advisory task force shall be composed of:

(1) The chairperson of the department of land and natural resources, or a designee, who shall serve as the chairperson of the task force;

(2) The four county directors having jurisdiction over parks and recreation, or their designees;

(3) One park user appointed by the governor;

(4) The chairperson of the house of representatives standing committee having jurisdiction over intergovernmental affairs, or a designee appointed by the speaker of the house of representatives; and

(5) The chairperson of the senate standing committee having jurisdiction over intergovernmental affairs, or a designee appointed by the president of the senate.

(c) In carrying out its duties under this section, the advisory task force may request staff assistance from the state department of land and natural resources and other appropriate state and county executive agencies.

(d) The members of the advisory task force shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(e) The advisory task force shall have the following functions and duties:

(1) Develop an action plan to transfer the functions and funding relating to the state parks to the counties;

(2) Develop a timetable for the proposed transfer that would be the most cost effective for both the State and counties and that would provide the least disruption of services to the public users;

(3) Include all relevant appropriations for specific parks projects that would be affected by the proposed transfer to the counties;

(4) Include all relevant contracts relating to state parks that would be affected by the proposed transfer to the counties;

(5) Include all relevant federal and state funds and assess how the proposed transfer to the counties would affect each funding source;

(6) Make recommendations, as appropriate, regarding the enactment of any county ordinances or policies that would be necessary to:

(A) Provide for protection of the natural environment for parks that were formerly in the state land use conservation district;

(B) Ensure preservation of historical and cultural sites;

(C) Continue to provide community recreation and education activities, as appropriate, at transferred parks;

(D) Continue to provide for park repair and maintenance, without an increase in cost to the public;

(E) Ensure that the county will be able to comply with federal statutes and grant conditions, as appropriate;

(F) Ensure that public safety is maintained in all parks transferred to the counties; and

(G) Maintain or improve responsiveness to park user and customer concerns, particularly those of residents and visitors using beach parks and wilderness areas;

(7) Consider all relevant state statutes and county ordinances relating to state and county parks and related areas for possible amendment; and

(8) Consider any other relevant issues necessary to ensure a timely and efficient transfer of responsibility of the state park system under chapter 184, Hawaii Revised Statutes, to the counties.

SECTION 2. The chairperson of the department of land and natural resources shall submit a report, including recommendations and implementing legislation, from the advisory task force to the legislature no later than twenty days prior to the convening of the 2004 regular session.

SECTION 3. The advisory task force shall be dissolved on June 30, 2004.

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

INTRODUCED BY:

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