RELATING TO WILDLIFE.

SB2606

THE SENATE

S.B. NO.

2606

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to wildlife
.

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

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SECTION 1.
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The
legislature finds that establishing a wildlife sanctuary within a state park
that holds a body of freshwater will help conserve Hawaii's unique ecological
heritage and encourage community stewardship of the natural environment.

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The legislature further finds that
stewardship of the natural resources, land, wildlife, and ecosystems of the
State is imperative.
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The State's
economic burden of environmental protection inaction will far exceed the cost
of proactive investment in wildlife mitigation and adaptation strategies, and
the loss of biodiversity in the State simultaneously threatens the State's
economic stability and environmental vitality.

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The legislature believes that meaningful
steps must be taken to strengthen the State's environmental resilience and
community prosperity; therefore, the State must invest in environmental
developments that prioritize sustainable land use practices.
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Specifically, a dedicated nonprofit
corporation to establish and administer the wildlife sanctuary is critical to
the sanctuary's success.

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Accordingly, the purpose of this Act is to
establish a wildlife sanctuary nonprofit for a recreation area that holds a
body of freshwater.

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SECTION 2.
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Chapter 88, Hawaii Revised Statutes, is amended by adding a new section
to part II subpart B to be appropriately designated and to read as follows:

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"
�88-
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Freshwater state recreation area wildlife
sanctuary employees.
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Any
employee of the freshwater state recreation area wildlife sanctuary corporation,
a Hawaii wildlife conservation nonprofit, shall be entitled to all benefits and
required to make all employee contributions under the system for the period
during which the employee remains in the employ of the corporation and a member
of the system, and the corporation shall be responsible for the remittance of
all employer and employee contributions required to be made under the system.
"

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SECTION 3.
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There is established a conservation nonprofit public corporation to be
known as the "freshwater state recreation area wildlife sanctuary
corporation".
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The corporation shall
be devoted to the conservation purposes of this Act.
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The corporation shall not be considered a
department, agency, or public instrumentality of the State, and shall not be
subject to the laws of the State applying to state departments, agencies, or
public instrumentalities, except that the corporation shall be subject to all
the laws of the State pertaining to nonprofit corporations.

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For the purposes of this Act,
"corporation" means the "freshwater state recreation area
wildlife sanctuary corporation".

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SECTION 4.
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The purpose of the corporation shall be to:

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(1)
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Establish
a wildlife sanctuary within a recreation area that holds a body of freshwater;

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(2)
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Promote
conservation within the recreation area that holds a body of freshwater; and

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(3)
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Provide
grants and other payments to improve conservation within the recreation area
that holds a body of freshwater.

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SECTION 5.
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The corporation shall have the following powers and duties and shall:

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(1)
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Have
succession and corporate existence in perpetuity;

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(2)
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Adopt,
amend, and repeal bylaws providing for its organization and internal management
and governing the conduct of its business and the performance of the powers and
duties granted to or imposed upon it by law consistent with this Act; provided
that all meetings for the adoption, amendment, and repeal of bylaws shall be
open to the public, and public notice of any meeting, including an agenda of
items to be discussed at the meeting, shall be announced at least fourteen days
in advance and published at least twice in a newspaper of general circulation
in the State within the fourteen days but at least seven days before the
meeting;

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(3)
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Adopt
and use a common seal;

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(4)
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Acquire,
sell, lease, rent, hold, maintain, use, manage, and operate any property, real,
personal, or mixed, intangible or tangible, to the extent deemed necessary or
appropriate to carry out its purposes;

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(5)
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Enter
into and perform contracts, leases, cooperative agreements, or other
arrangements as may be necessary to carry out the purposes of this Act;

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(6)
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Determine
the character of, and necessity for, its obligations and expenditures, and the
manner in which the same shall be incurred, allowed, and paid;

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(7)
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Seek,
receive, and accept from public and private sources whether located within or
outside of the United States, by grants, gifts, devices, bequests or otherwise
money and property, real, personal, or mixed, intangible or tangible,
absolutely or in trust, to be used in carrying out the purposes of this Act;

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(8)
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Serve
as trustee and be named a beneficiary under the terms of any gift, indenture or
will;

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(9)
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Appoint
and discharge a chief executive officer, subordinate officers, employees, and
agents as the business of the corporation requires, and to classify, prescribe
the duties and qualifications, and fix the compensation and benefits of all
officers, employees, and agents of the corporation;

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(10)
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Establish
policies and procedures as may be necessary, including a personnel system and
budget system;

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(11)
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Enter
into employee collective bargaining agreements in conformance with applicable
laws;

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(12)
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Establish
and maintain, and to assist in establishing and maintaining, scholarships,
fellowships, lectureships, chairs, and other staff positions, and to enter into
contracts, agreements, and other arrangements with any person, firm,
association, institution, corporation, or organization, whether private,
governmental, or international and whether located within or outside of the
United States, for this purpose, and to pay the necessary and appropriate costs
and expenses therefor;

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(13)
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Collect
fees and other charges for programs, facilities, services, and educational
products, and to hold copyright;

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(14)
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Sue
and be sued in its corporate name, except that the corporation shall be immune
from any writ of attachment and execution against its assets;

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(15)
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Delegate
any of the powers of the corporation to any standing or special committee,
board, or body, or to any officer or agent, upon such terms as it deems fit
except for the powers granted under paragraph (2);

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(16)
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Execute,
in accordance with its bylaws, all contracts and other instruments necessary or
appropriate for the exercise of its powers under this Act; and

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(17)
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Do
any and all things necessary or appropriate to carry out its purposes and
exercise the powers given and granted in this Act.

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SECTION 6.
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(a)
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The corporation shall have a
board of governors which shall manage and control the affairs of the
corporation and shall exercise all powers of the corporation, except to the
extent that they have been delegated by this Act or pursuant to action by the
board of governors.
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The board shall
consist of eighteen members as follows:

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(1)
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The
governor, or their designee, who shall serve as an ex officio member of the
board;

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(2)
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The
lieutenant governor, or their designee, who shall serve as an ex officio
member;

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(3)
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The
chairperson of the board of land and natural resources, who shall serve as an
ex officio, nonvoting member, and shall serve as the chairperson until the time
that a chairperson is elected by the board from the membership;

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(4)
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Five
members, who are residents of the State, to be appointed by the governor;

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(5)
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Five
members, to be appointed by the lieutenant governor; and

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(6)
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Five
members to be elected by the members of the board.

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(b)
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The
term of each appointed or elected member of the board shall be three years,
except for those members of the initial board who shall be appointed or
elected, as the case may be, and serve terms as follows:

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(1)
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The
governor shall appoint two members for terms of one year, two members for terms
of two years and one member for a term of three years;

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(2)
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The
lieutenant governor shall appoint two members for terms of one year, two
members for terms of two years and one member for a term of three years; and

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(3)
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Of
the members elected to the board by the membership of the board, two members
shall be elected for terms of one year, two members for terms of two years and
one member for a term of three years.

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(c)
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Each appointed or elected member, and each initial member appointed or
elected for a particular term, of the board shall continue to serve until the
successor to the member has been appointed or elected.
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The term of the initial members shall be
computed from the date of the first meeting of the board.
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The term of each elected member other than
the initial members shall be computed from the date of termination of the
preceding term, or if there is no preceding term, then from the date of the
first meeting of the board following the member's appointment or election.
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Any member appointed or elected to fill a
vacancy occurring before the expiration of the term for which the member's
predecessor was chosen shall serve for the remainder of the term.
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No appointed or elected member may serve more
than three terms, except that those initial members appointed to a term of less
than three years may be appointed or elected to serve for not more than three
subsequent terms.

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(d)
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In connection with all appointments or elections to the board, due
consideration shall be given to the selection of distinguished individuals who
represent a cross-section of educational, cultural, business, labor, and public
service backgrounds, possess knowledge of, experience in, or profound interest
in wildlife conservation.

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(e)
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The board shall meet at least twice a year and at a time as the board
deems necessary.
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Public notice of a
board meeting, including an agenda of items to be discussed at the meeting,
shall be given at least fourteen days in advance.
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The notice shall be mailed to all persons who
have made a timely request of the board for advance notice of its meeting and
shall be published at least twice in a newspaper of general circulation in the
State.

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SECTION 7.
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(a)
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The board shall appoint a
chief executive officer of the corporation, who shall serve at the pleasure of
the board and shall be designated by an appropriate title, to administer the
freshwater state recreation area wildlife sanctuary corporation.

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(b)
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The chief executive officer, subject to approval by the board, shall
appoint and remove subordinate officers and other employees and duly authorized
representatives of the corporation as the chief executive officer determines,
in consultation with the board, to be necessary to carry out the purposes of
the corporation; provided that the board shall have the right to delegate to
the chief executive officer or to committees or otherwise the right to appoint
any subordinate officers, employees, and duly authorized representatives
without approval of the board.

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(c)
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The
chief executive officer, employees, and duly authorized representatives of the
corporation shall be compensated at rates determined by the board.

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(d)
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The chief executive officer, or their
designee, shall be available for monthly meetings with participants on matters
of mutual interests.

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(e)
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All employees of the corporation shall have full rights under all
applicable laws to self-organization, to form, join, or assist labor
organizations to bargain collectively through representatives of their own choosing,
and to engage in other concerted activities for the purpose of collective
bargaining or other mutual aid or protection and shall have the right to
refrain from any or all activities except to the extent that the right may be
affected by an agreement requiring membership in a labor organization as a
condition of employment as may be permitted under all applicable laws.

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(f)
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Except as otherwise specifically provided in this Act, the chief
executive officer, any subordinate officers, and other employees and duly
authorized representatives of the corporation shall not be considered officers
or employees of the State for the purposes of any state law, regulation, or
executive order.

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SECTION 8.
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The corporation shall neither conduct nor support any classified
activity or research and it shall make the results of its activities and
research available to the public.

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SECTION 9.
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(a)
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The corporation shall have no
power to issue any shares of stock, or to declare or pay any dividends.

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(b)
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No part of the income or assets of the corporation shall inure to the
benefit of any member of the board, the chief executive officer, any employee,
or any individual, except as reasonable compensation for services or
reimbursement for expenses.

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(c)
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The
corporation shall not undertake to influence the policy and passage or defeat
of any legislation by the United States Congress or by any state or local
legislative bodies or by any legislative body of any other nation, except that
members of the board and personnel of the corporation may testify or make other
appropriate communications where formally requested to do so by a legislative
body or a committee or a member thereof, or in connection with legislation or
appropriations directly affecting the freshwater recreation area wildlife
sanctuary.

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(d)
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The corporation shall not contribute to, participate,
or intervene in, or otherwise support or assist any political party or
association, or the campaign of any candidate for public or party office.

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SECTION 10.
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(a)
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The corporation shall keep
accurate and complete books of account and minutes of the proceedings of the
board and of any committees, boards, or bodies where the board has delegated
any of its powers.

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(b)
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The
corporation shall publish an annual report which shall be filed by the
corporation with the governor, lieutenant governor, legislature, chairperson of
the board of land and natural resources, and director of regulatory agencies
who shall maintain a copy for public inspection during regular office hours.

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SECTION 11.
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In the event of the dissolution or liquidation of the corporation, all
assets remaining after satisfaction of, or provision for satisfaction of, all
obligations, debts, and liabilities of the corporation shall be distributed to
a nonprofit fund, foundation, or corporation which is organized and operated
exclusively for wildlife conservation purposes and which has established its
tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986,
as amended, or to the United States, or to the State.

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SECTION 12.
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If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.

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SECTION 13.
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New statutory material is underscored.

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SECTION 14.
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This Act shall take effect on July 1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

Freshwater State Recreation Area Wildlife Sanctuary;
Wildlife Conservation; Nonprofit Corporation

Description:

Establishes
the
Freshwater State Recreation Area Wildlife Sanctuary Corporation.

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