REPORT TITLE:
Aloha Tower Development

DESCRIPTION:
Authorizes the aloha tower development corporation to appoint
exempt officers, agents, and employees, prescribe their duties
and qualifications, and fix their salaries, without regard to
chapters 76 and 77, Hawaii Revised Statutes.  (HB1028 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1028
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ALOHA TOWER DEVELOPMENT CORPORATION.



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

 1      SECTION 1.  The legislature finds that most redevelopment
 
 2 agencies are permitted to appoint officers, agents, and employees
 
 3 without regard to chapters 76 and 77, Hawaii Revised Statutes
 
 4 (HRS).  However, the aloha tower development corporation (ATDC)
 
 5 does not have that flexibility under its current statute.
 
 6      The purpose of this Act is to authorize ATDC to:
 
 7      (1)  Appoint officers, employees, and agents;
 
 8      (2)  Prescribe their duties and qualifications; and
 
 9      (3)  Fix their salaries;
 
10 without regard to chapters 76 and 77, HRS.
 
11      SECTION 2.  Section 206J-5, Hawaii Revised Statutes, is
 
12 amended by amending subsection (a) to read as follows:
 
13      "(a)  The development corporation shall have all the powers
 
14 necessary to carry out its purposes, including the following
 
15 powers:
 
16      (1)  To sue and be sued;
 
17      (2)  To have a seal and alter the same at its pleasure;
 
18      (3)  To make and execute contracts and all other instruments
 
19           necessary or convenient for the exercise of its powers
 
20           and functions under this chapter;
 

 
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 1      (4)  To make and alter bylaws for its organization and
 
 2           internal management;
 
 3      (5)  To adopt rules under chapter 91 necessary to effectuate
 
 4           this chapter in connection with its projects,
 
 5           operations, properties, and facilities;
 
 6      (6)  Through its chief executive officer, to appoint
 
 7           officers, agents, and employees, prescribe their duties
 
 8           and qualifications, and fix their salaries, consistent
 
 9           with chapters 76 and 77; its chief executive officer
 
10           may also appoint officers, agents, and employees,
 
11           prescribe their duties and qualifications, and fix
 
12           their salaries, without regard to chapters 76 and 77;
 
13      (7)  To prepare or cause to be prepared a development plan
 
14           for the Aloha Tower complex, incorporating the needs of
 
15           the department of transportation and accommodating the
 
16           plans, specifications, designs, or estimates of any
 
17           project acceptable to the development corporation;
 
18      (8)  To own, lease, hold, clear, improve, and rehabilitate
 
19           real, personal, or mixed property and to assign,
 
20           exchange, transfer, convey, lease, sublease, or
 
21           encumber any project or improvement, including
 
22           easements, constituting part of a project within the
 
23           Aloha Tower complex, except that required for necessary
 

 
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 1           maritime purposes, including leases or other agreements
 
 2           for the rehabilitation, repair, maintenance, and
 
 3           operation of the Aloha Tower;
 
 4      (9)  By itself, or in conjunction with qualified persons, to
 
 5           develop, construct, reconstruct, rehabilitate, improve,
 
 6           alter, or repair or provide for the development,
 
 7           construction, reconstruction, rehabilitation,
 
 8           improvement, alteration, or repair of any project,
 
 9           including projects or any portion thereof under the
 
10           control or jurisdiction of qualified persons; to own,
 
11           hold, assign, transfer, convey, exchange, lease,
 
12           sublease, or encumber any project, including projects
 
13           or any portion thereof under the control or
 
14           jurisdiction of qualified persons;
 
15     (10)  Notwithstanding any other provision of law to the
 
16           contrary, to arrange or initiate appropriate action for
 
17           the planning, replanning, opening, grading, relocating,
 
18           or closing of streets, roads, roadways, alleys,
 
19           easements, piers, or other places, the furnishing of
 
20           facilities, the acquisition of property or property
 
21           rights, or the furnishing of property, development
 
22           rights, or services in connection with a project;
 

 
 
 
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 1     (11)  To grant options or renew any lease entered into by it
 
 2           in connection with any project, on terms and conditions
 
 3           as it deems advisable;
 
 4     (12)  To prepare or cause to be prepared plans,
 
 5           specifications, designs, and estimates of project cost
 
 6           for the development, construction, reconstruction,
 
 7           rehabilitation, improvement, alteration, or repair of
 
 8           any project, and from time to time to modify such
 
 9           plans, specifications, designs, or estimates;
 
10     (13)  To provide advisory, consultative, training, and
 
11           educational services, technical assistance, and advice
 
12           to any person, partnership, or corporation, either
 
13           public or private, in order to carry out the purposes
 
14           of this chapter, and engage the services of consultants
 
15           on a contractual basis for rendering professional and
 
16           technical assistance and advice;
 
17     (14)  To procure insurance against any loss in connection
 
18           with its property and other assets and operations in
 
19           such amounts and from such insurers as it deems
 
20           desirable;
 
21     (15)  To contract for and accept gifts or grants in any form
 
22           from any public agency or from any other source;
 

 
 
 
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 1     (16)  To pledge or assign all or any part of the moneys,
 
 2           rents, charges, or other revenues and any proceeds
 
 3           derived by the development corporation from proceeds of
 
 4           insurance or condemnation awards, less guarantees to
 
 5           the harbor special fund for the loss of revenues or
 
 6           incurrence of costs and expenses because of any action
 
 7           taken by the development corporation; and
 
 8     (17)  To issue bonds of the development corporation for the
 
 9           purpose of providing funds for any of its corporate
 
10           purposes."
 
11      SECTION 3.  New statutory material is underscored.
 
12      SECTION 4.  This Act shall take effect on July 1, 1999.