THE SENATE

S.B. NO.

936

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to natural resource management.

 

 

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

 


     SECTION 1.  The Hawaiian Homes Commission Act, 1920, as amended, is amended by adding a new section to be appropriately designated and to read as follows:

     "§     .  Mauna Kea special fund.  (a)  There is established the Mauna Kea special fund to be administered by the department.

     (b)  The following shall be deposited into the special fund:

     (1)  Appropriations by the legislature to the special fund;

     (2)  Interest earned or accrued on moneys in the special fund; and

     (3)  One-third of all moneys collected under chapter 304A, part IV, subpart O, Hawaii Revised Statutes, including moneys collected for violations under section 304A‑1904, Hawaii Revised Statutes.

     (c)  The proceeds of the special fund shall be used to:

     (1)  Support the department's Aina Mauna legacy lands program;

     (2)  Support ungulate management at Mauna Kea;

     (3)  Eradicate invasive plant species on Mauna Kea;

     (4)  Provide fencing at Mauna Kea; and

     (5)  Support pastoral homesteading, community pastures, and bird sanctuary activities on Mauna Kea."

     SECTION 2.  Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§171-    Mauna Kea natural area reserve special fund.  (a)  There is established in the state treasury the Mauna Kea natural area reserve special fund to be administered by the department.

     (b)  The following shall be deposited into the special fund:

     (1)  Appropriations by the legislature to the special fund;

     (2)  Interest earned or accrued on moneys in the special fund; and

     (3)  One-third of all moneys collected under chapter 304A, part IV, subpart O, including moneys collected for violations under section 304A-1904.

     (c)  The proceeds of the special fund shall be used for:

     (1)  Managing the natural area reserve at Mauna Kea;

     (2)  Supporting the division of forestry and wildlife's efforts at Mauna Kea; and

     (3)  Supporting the division of conservation and resources enforcement efforts on Mauna Kea."

     SECTION 3.  Section 304A-1902, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  In establishing the fees, the board of regents shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91; provided that the fees shall be established at an open public meeting pursuant to chapter 92.  The fees shall be deposited [into] as follows:

     (1)  One-third to the Mauna Kea lands management special fund established under section 304A-2170[.];

     (2)  One-third to the Mauna Kea special fund established under section     of the Hawaiian Homes Commission Act, 1920, as amended; and

     (3)  One-third to the Mauna Kea natural area reserve special fund established under section 171-  ."

     SECTION 4.  Section 304A-2170, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established the Mauna Kea lands management special fund, into which shall be deposited:

     (1)  Appropriations by the legislature;

     (2)  [All] One-third of all net rents from leases, licenses, and permits, including fees and charges for the use of land and facilities within the Mauna Kea lands;

     (3)  [All] One-third of all moneys collected for violations of subpart O of part IV; and

     (4)  Interest earned or accrued on moneys in the special fund."

     SECTION 5.  The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and effectiveness of the remainder of these amendments or the application thereof shall not be affected.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2019.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Mauna Kea Lands Management Special Fund; Mauna Kea Special Fund; Mauna Kea Natural Area Reserve Special Fund; Established; Reallocation

 

Description:

Establishes the Mauna Kea special fund and Mauna Kea natural area reserve special fund.  Reallocates funds from the Mauna Kea lands management special fund to the Mauna Kea special fund and Mauna Kea natural area reserve special fund.

 

 

 

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