House Bill 507 would prohibit the state from transferring the harbors to counties without first getting legislative approval.

"(This is) so it won't be done in what can be called a cavalier manner," said Wailuku Rep. Joe Souki, who authored the bill.

He said the Legislature thought the Constitution already required a law before the state could transfer authority over any state land, including harbors — meaning that the Legislature would have to approve the deal.

The bill explicitly requiring the Legislature's approval was passed May 3 and has been sent to Gov. Linda Lingle for signature.

Former land board Chairman Peter Young wrote to county mayors in 2004 to offer the counties a chance to take over the small-boat harbors and launching ramps before the state explored turning them over to private operators.

Then-Mayor Alan Arakawa said initially that the county should consider the offer because it would increase home rule and allow more of the revenue generated at the harbors to stay on-island.

But current Mayor Charmaine Tavares said she isn't interested in taking over the harbors, which would come with a backlog of needed repairs and infrastructural upgrades.

"We just don't want to inherit more problems for the county to deal with," she said.

Ed Underwood, administrator of the state Division of Boating and Ocean Recreation, said that, overall, Hawaii's counties were "not that interested" in the harbors offer.

While he had testified against the bill because it would limit the department's options, Underwood said the Department of Land and Natural Resources lately had not been actively pursuing the idea of turning harbors over to the counties.

"It was just one of the options being looked at," he said.

He noted that the Legislature has already authorized the Board of Land and Natural Resources to lease lands to private parties, and said it was peculiar that the law would specifically restrict leases to counties.

"We felt it would put the counties at an unfair disadvantage," he said.