THE SENATE

S.B. NO.

3003

TWENTY-SEVENTH LEGISLATURE, 2014

S.D. 1

STATE OF HAWAII

Proposed

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LAND.

 

 

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

 


SECTION 1. Chapter 171, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part

County of niihau

171-A County of Niihau; governance. (a) The county of Niihau shall consist of the islands of Niihau, Kaula, and Lehua, and shall not be or form a portion of the county of Kauai, but is constituted a county by itself. As a county it shall have only the powers especially conferred and given by sections 171-A to 171-E and, except as provided in those sections, none of the provisions of the Hawaii Revised Statutes regarding counties shall be deemed to refer to or shall be applicable to the county of Niihau.

(b) The county of Niihau shall be under the jurisdiction and control of the department and be governed by the laws and rules relating to the department, except as otherwise provided by law.

(c) All functions, powers, and duties relating to the taxation of real property located in the county of Niihau shall be exercised exclusively by the county of Kauai.

171-B Sheriff, appointment, removal. There shall be no county officer in the county other than a sheriff, who shall be a resident of and be appointed in the county by the department and who shall hold office at the pleasure of the department or until a successor is appointed by the department. When a qualified resident is not available, the department may appoint a qualified person to serve as sheriff.

171-C Sheriff, salary. The salary of the sheriff shall be fixed and paid by the department.

171-D Sheriff, duties. The sheriff of the county of Niihau shall preserve the public peace and shall arrest and take before the district judge for examination all persons who attempt to commit or who have committed a public offense and prosecute the same to the best of the sheriff's ability." 171-E Sheriff, powers. The sheriff may appoint and dismiss and reappoint as many police officers as may be authorized by the department for the county. Police officers shall receive pay as the department determines. The sheriff shall have other powers and duties within the county of Niihau and appropriate thereto as are prescribed by law for the chiefs of police or police officers of the several counties respectively."

SECTION 2. Section 4-1, Hawaii Revised Statutes, is amended to read as follows:

"4-1 Districts, generally. For election, taxation, city, county, and all other purposes, the State shall be divided into the following districts; provided that the establishment of election districts shall be exclusively governed by article IV of the constitution of the State of Hawaii and chapter 25:

(1) The island and county of Hawaii shall be divided into nine districts as follows:

(A) Puna, to be styled the Puna district;

(B) From the Hakalau stream to the boundary of South Hilo and Puna, to be styled the South Hilo district;

(C) From the boundary of Hamakua and North Hilo to the Hakalau stream, to be styled the North Hilo district;

(D) Hamakua, to be styled the Hamakua district;

(E) North Kohala, to be styled the North Kohala district;

(F) South Kohala, to be styled the South Kohala district;

(G) North Kona, to be styled the North Kona district;

(H) South Kona, to be styled the South Kona district; and

(I) Kau, to be styled the Kau district.

(2) The islands of Maui, Molokai, Lanai, and Kahoolawe and the counties of Maui and Kalawao shall be divided into seven districts as follows:

(A) Kahikinui, Kaupo, Kipahulu, Hana, and Koolau, to be styled the Hana district;

(B) Hamakualoa, Hamakuapoko, portion of Kula, and Honuaula, the western boundary being a line starting from the sea at Kapukaulua on the boundary between the ahupuaas of Haliimaile and Wailuku, thence running inland following the boundary to the mauka side of the Lowrie ditch, thence following the mauka side of the ditch and its projected extension to the Waiakoa gulch which is the boundary between the ahupuaas of Pulehunui and Waiakoa, thence down along the boundary to the mauka boundary of the Waiakoa Homesteads (makai section), thence along the boundary to the ahupuaa of Kaonoulu, thence across the ahupuaa of Kaonoulu to the mauka boundary of the Waiohuli-Keokea Beach Homesteads, thence along the boundary to the mauka boundary of the Kamaole Homesteads, thence along the boundary and the extension thereof to the north boundary of the ahupuaa of Paeahu, thence along the boundary to the sea, and including the island of Kahoolawe, to be styled the Makawao district;

(C) All that portion of central Maui lying east of a line along the boundary of the ahupuaas of Kahakuloa and Honokohau to the peak of Eke crater, thence along the ridge of mountains and down the bottom of Manawainui gulch to the sea, and west of the boundary of Makawao district, to be styled Wailuku district;

(D) All that portion of Maui lying west of Wailuku district, to be styled the Lahaina district;

(E) The island of Molokai, except that portion of the island known as Kalaupapa, Kalawao, and Waikolu and commonly known or designated as the Settlement for Hansen's disease sufferers, to be styled the Molokai district;

(F) All that portion of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu forming the county of Kalawao, to be styled the Kalawao district; and

(G) The island of Lanai, to be styled the Lanai district.

(3) For judicial purposes, the island of Oahu shall be divided into seven districts as follows:

(A) From Makapuu Head in Maunalua to Moanalua inclusive, and the islands not included in any other district, to be styled the Honolulu district;

(B) Ewa, excluding Waikakalaua, Waipio Acres, and Mililani Town, to be styled the Ewa district;

(C) Waianae excluding Waianae Uka, to be styled the Waianae district;

(D) From Kaena point to and including Waialee Stream excluding Wahiawa, hereinafter described, to be styled the Waialua district;

(E) From Waialee Stream to Lae o ka Oio, to be styled the Koolauloa district;

(F) From Lae o ka Oio to Makapuu Head in Waimanalo, to be styled the Koolaupoko district; and

(G) Wahiawa and Waianae Uka, including Waikakalaua, Waipio Acres, and Mililani Town, lying between Ewa and Waialua districts and more particularly described in the following manner: Beginning at Puu Kaaumakua in the Koolau range and running to and along the south boundary of Waianae Uka (which is also the south boundary of Schofield Barracks Military Reservation) to Puu Hapapa in the Waianae range; thence continuing along Schofield Barracks Military Reservation northerly along the Waianae range to Puu Kaala, easterly along Mokuleia down ridge to Puu Pane, continuing to Maili Trig. station, and down ridge to Haleauau stream and down Haleauau stream to Kaukonahua gulch, and easterly along the gulch to the west boundary of the ahupuaa of Wahiawa; thence leaving Schofield Barracks Military Reservation and following up and along the west and north boundaries of the ahupuaa of Wahiawa to the Koolau range; thence along the Koolau range to the beginning; to be styled the Wahiawa district.

(4) For all purposes except for judicial, the island of Oahu shall be divided into seven districts as follows:

(A) From Makapuu Head in Maunalua to Moanalua inclusive, and the islands not included in any other district, to be styled the Honolulu district;

(B) Ewa, to be styled the Ewa district;

(C) Waianae excluding Waianae Uka, to be styled the Waianae district;

(D) From Kaena point to and including the ahupuaa of Waimea excluding Wahiawa, hereinafter described, to be styled the Waialua district;

(E) From Waimea to Lae o ka Oio, to be styled the Koolauloa district;

(F) From Lae o ka Oio to Makapuu Head in Waimanalo, to be styled the Koolaupoko district; and

(G) Wahiawa and Waianae Uka, lying between Ewa and Waialua districts and more particularly described in the following manner: Beginning at Puu Kaaumakua in the Koolau range and running to and along the south boundary of Waianae Uka (which is also the south boundary of Schofield Barracks Military Reservation) to Puu Hapapa in the Waianae range; thence continuing along Schofield Barracks Military Reservation northerly along the Waianae range to Puu Kaala, easterly along Mokuleia down ridge to Puu Pane, continuing to Maili Trig. station, and down ridge to Haleauau stream and down Haleauau stream to Kaukonahua gulch, and easterly along the gulch to the west boundary of the ahupuaa of Wahiawa; thence leaving Schofield Barracks Military Reservation and following up and along the west and north boundaries of the ahupuaa of Wahiawa to the Koolau range; thence along the Koolau range to the beginning; to be styled the Wahiawa district.

(5) The islands of Kauai, Niihau, Kaula, and [county of Kauai,] the counties of Kauai and Niihau shall be divided into [five] six districts as follows:

(A) From Puanaaiea point to the ili of Eleele, [including] excluding the islands of Niihau and Kaula, to be styled the Waimea district;

(B) From and including the ili of Eleele to and including Mahaulepu, to be styled the Koloa district;

(C) From and including Kipu to the northerly bank of the north fork and the main Wailua river, to be styled the Lihue district;

(D) From the northerly bank of the north fork and the main Wailua river to Kealaakaiole, to be styled the Kawaihau district; [and]

(E) From and including Kealaakaiole to Puanaaiea point to be styled the Hanalei district[.]; and

(F) The islands of Niihau, Kaula, and Lehua, to be styled the Niihau district."

SECTION 3. Section 11-1, Hawaii Revised Statutes, is amended by amending the definition of "county" to read as follows:

""County", the counties of Hawaii, Maui, Kauai, and the city and county of Honolulu, as the context may require. For the purposes of this title, the county of Kalawao shall be deemed to be included in the county of Maui[.] and the county of Niihau shall be deemed to be included in the county of Kauai."

SECTION 4. Section 11-61, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The term "political party" means any party which has qualified as a political party under sections 11-62 and 11-64 and has not been disqualified by this section. A political party shall be an association of voters united for the purpose of promoting a common political end or carrying out a particular line of political policy and which maintains a general organization throughout the State, including a regularly constituted central committee and county committees in each county other than Kalawao[.] or Niihau."

SECTION 5. Section 15-4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Notwithstanding subsection (a), the respective clerk shall be allowed to conduct an absentee ballot-only election and may mail an absentee ballot for each primary, special primary, special, general, and special general election to each registered voter who resides in the county of Kalawao, the county of Niihau, or on any island of a county with a population of less than one hundred eighty thousand, except for the island where the county seat of government is located. The chief election officer may adopt rules to carry out this subsection."

SECTION 6. Section 26-15, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The functions and authority heretofore exercised by the county of Kauai with respect to the islands of Niihau, Kaula, and Lehua (excluding the taxation of real property), the commissioner and board of public lands (including the hydrography division and the bureau of conveyances), the Hawaii water authority, the commission on ground water resources, the Hawaii land development authority, the soil conservation committee, and the commission on historical sites and the function of managing the state parks and the function of promoting the conservation, development and utilization of forests, including the regulatory powers over the forest reserve, aquatic life and wildlife resources of the State heretofore exercised by the board of commissioners of agriculture and forestry as heretofore constituted are transferred to the department of land and natural resources established by this chapter."

SECTION 7. Section 101-1, Hawaii Revised Statutes, is amended by amending the definition of "county" to read as follows:

""County" means a county (except the county of Kalawao[)] and the county of Niihau) and any agency of a county, including the board of water supply thereof, duly authorized to exercise the power of eminent domain."

SECTION 8. Section 103F-202, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established a community council on purchase of health and human services. The community council shall be comprised of no more than nine voting members, and one non-voting, ex-officio member of the interagency committee on purchase of health or human services designated by the majority of the members of the committee. There shall be a member from each county, except the [county of Kalawao,] counties of Kalawao and Niihau, and up to five members interested in health, human services, employment, or the provision of services to children and youth."

SECTION 9. Section 128A-2, Hawaii Revised Statutes, is amended by amending the definition of "county" to read as follows:

""County" means any of the political subdivisions of the State, including the counties of Hawaii, Maui, and Kauai and the city and county of Honolulu, but does not include the [county of Kalawao.] counties of Kalawao and Niihau."

SECTION 10. Section 128E-4, Hawaii Revised Statutes, is amended to read as follows:

"[[]128E-4[]] Establishment of emergency planning districts. Each county is designated as an emergency planning district for the purposes of this chapter; provided that the department shall be responsible for Kalawao county[.] and the department of land and natural resources shall be responsible for Niihau county."

SECTION 11. Section 231-2, Hawaii Revised Statutes, is amended to read as follows:

"231-2 Taxation districts. For the purpose of taxation, the State is divided into four districts, viz.:

(a) The city and county of Honolulu, to be called the first district;

(b) The counties of Maui and Kalawao, to be called the second district;

(c) The county of Hawaii, to be called the third district;

(d) The [county of Kauai,] counties of Kauai and Niihau, to be called the fourth district."

SECTION 12. Section 243-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) No tax shall be collected in respect to any liquid fuel, including diesel oil and liquefied petroleum gas, shown to the satisfaction of the department to have been sold for use in and actually delivered to, or sold in, the county of Kalawao[.] or the county of Niihau."

SECTION 13. Section 281-1, Hawaii Revised Statutes, is amended by amending the definition of "county" to read as follows:

""County" means the county in respect of which each commission has jurisdiction under this chapter; provided that in the [county] counties of Kalawao and Niihau liquor may be sold only by such persons and only under such conditions as may be permitted or prescribed from time to time by the department of health[.] for the county of Kalawao and the department of land and natural resources for the county of Niihau."

SECTION 14. Section 445-13, Hawaii Revised Statutes, is amended to read as follows:

"445-13 License inspectors. The deputy sheriff of Kalawao, the deputy sheriff of Niihau, any police officer, or any authorized representative of the county director of finance duly authorized by a chief of police shall be ex officio license inspectors of the counties for which they are appointed or authorized, and [as such,] they shall from time to time report to the county director of finance the names of all persons within the county who are liable for the payment of license fees."

SECTION 15. Section 804-5, Hawaii Revised Statutes, is amended to read as follows:

"804-5 By whom allowed. In cases where the punishment for the offense charged may be imprisonment for life not subject to parole, or imprisonment for a term more than ten years with or without fine, a judge or justice of a court of record, including a district judge, shall be competent to admit the accused to bail, in conformity with sections 804-3 to 804-6. In all other cases, the accused may be so admitted to bail by any judge or justice of a court of record, including a district judge, and in cases, except under section 712-1207, where the punishment for the offense charged may not exceed two years' imprisonment with or without fine, the sheriff, the sheriff's deputy, the chief of police or any person named by the chief of police, [or] the sheriff of Kalawao, or the sheriff of Niihau, regardless of the circuit within which the alleged offense was committed, may admit the accused person to bail."

SECTION 16. All rights, powers, functions, and duties of the county of Kauai with respect to the islands of Niihau, Kaula, and Lehua (excluding the taxation of real property) are transferred to the department of land and natural resources.

All employees who occupy civil service positions and whose functions are transferred to the department of land and natural resources 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 chair of the board of land and natural resources may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

SECTION 17. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the county of Kauai relating to the functions transferred to the department of land and natural resources shall be transferred with the functions to which they relate.

SECTION 18. All rules, policies, procedures, guidelines, and other material adopted or developed by the county of Kauai with respect to the islands of Niihau, Kaula, and Lehua to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of land and natural resources by this Act shall remain in full force and effect until amended or repealed by the department of land and natural resources pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the county of Kauai or mayor of Kauai in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of land and natural resources or the chair of the board of land and natural resources as appropriate.

SECTION 19. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 20. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 21. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 22. This Act shall take effect on July 1, 2016.


 


 

Report Title:

Land; Kauai; Niihau

 

Description:

Establishes the county of Niihau under the jurisdiction of DLNR. Effective 1/1/16. (SD1 Proposed)

 

 

 

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