THE SENATE

S.B. NO.

1129

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to land.

 

 

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

 


     SECTION 1.  Section 26-19, Hawaii Revised Statutes, is amended to read as follows:

     "§26-19  Department of transportation.  The department of transportation shall be headed by a single executive to be known as the director of transportation.

     The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and such other transportation facilities and activities as may be authorized by law.

     The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include, but not be limited to, alternate work and school hours programs, bicycling programs, and ridesharing programs.

     The department shall develop and promote ridesharing programs which shall include but not be limited to, carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements.  Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle.

     The department may designate any unused or underutilized public lands of the department for agricultural purposes and may enter into agreements to authorize the department of agriculture or the department of land and natural resources to dispose of delegated lands in any manner consistent with the use of lands for agricultural purposes authorized by law, including designation for use as agricultural parks pursuant to section 171‑117 or important agriculture lands pursuant to section 205‑44.5.

     The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter.

     On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation.

     Upon the abolishment of the Hawaii aeronautics commission, the board of harbor commissioners, and the highway commission, there shall be established within the department of transportation a commission to be known as the commission on transportation which shall sit in an advisory capacity to the director of transportation on matters within the jurisdiction of the department of transportation.  The commission on transportation shall consist of not more than eleven members, with the number of members from each county insofar as practicable being approximately proportional to the population of the respective counties to the population of the State; provided that each of the four counties shall be represented by at least one member."

     SECTION 2.  Section 171-3, Hawaii Revised Statutes, is amended to read as follows:

     "§171-3  Department of land and natural resources.  (a)  The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources.  The department shall manage, administer, and exercise control over public lands, the water resources, ocean waters, navigable streams, coastal areas [(]excluding commercial harbor areas[)], and minerals and all other interests therein and exercise [such] all powers of disposition [thereof] as may be authorized by law.  The department shall also manage and administer the state parks, historical sites, forests, forest reserves, aquatic life, aquatic life sanctuaries, public fishing areas, boating, ocean recreation, coastal programs, wildlife, wildlife sanctuaries, game management areas, public hunting areas, natural area reserves, and other functions assigned by law.

     (b)  Notwithstanding subsection (a), 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, and public lands designated by the department of transportation for agricultural purposes shall be transferred to the department of agriculture.

     (c)  The department may exercise any power granted to it pursuant to this chapter or otherwise over lands designated by the department of transportation for agricultural purposes."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.


     SECTION 5.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Department of Transportation; Agricultural Purposes

 

Description:

Authorizes the department of transportation to designate unused or underutilized lands of the department of transportation for agricultural purposes and to enter into agreements with the department of land and natural resources and the department of agriculture to dispose of those lands as authorized by law.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.