REPORT TITLE:
Relating to Government


DESCRIPTION:
Reduces the cost of copying government records from 50 cents to 6
cents.  Expands powers of the Barbers Point NAS Redevelopment
Commission.  Expands responsibilities of Stadium Authority to
include Kapolei Rec. Sports Complex; creates Kapolei special
fund.  Allows the Attorney General to collect fees to pay for
personnel and collection costs incurred in pursuing delinquent
accounts. (SB646 SD2 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        646
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 2
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO GOVERNMENT.



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

 1                              PART I.
 
 2      SECTION 1.  Chapter 28, Hawaii Revised Statutes, is amended
 
 3 by adding to part I a new section to be appropriately designated
 
 4 and to read as follows:
 
 5      "§28-  Collections fees.  (a)  Notwithstanding any other law
 
 6 to the contrary, the attorney general may set, by agreement with
 
 7 a state agency (including but not limited to, all branches of
 
 8 government, departments, boards, and commissions), fees, charges,
 
 9 or other payments for the pursuit and collection of delinquent
 
10 accounts; provided that all moneys collected less fees, charges,
 
11 and other payments deducted by the attorney general shall be
 
12 deposited to the credit of the respective funds as agreed to in
 
13 such agreement.
 
14      (b)  The attorney general and a state agency may enter into
 
15 agreements regarding the assignment of delinquent accounts to the
 
16 attorney general.  Notwithstanding any other law to the contrary,
 
17 any recoveries from such assignments shall be realizations of the
 
18 civil recoveries special fund."
 
19      SECTION 2.  Chapter 28, Hawaii Revised Statutes, is amended
 
20 by adding to part I a new section to be appropriately designated
 

 
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 1 and to read as follows:
 
 2      "§28-    Civil recoveries special fund.  (a)  There is
 
 3 established in the state treasury the civil recoveries special
 
 4 fund, into which shall be deposited:
 
 5      (1)  Fees received pursuant to section 28-   for the
 
 6           collection of delinquent accounts by the attorney
 
 7           general;
 
 8      (2)  Appropriations made by the legislature to the fund;
 
 9      (3)  Interest earned on moneys in the fund; and
 
10      (4)  Any other moneys or property that may be received or
 
11           recovered by the department of the attorney general
 
12           relating to delinquent accounts.
 
13      (b)  The civil recoveries special fund shall be administered
 
14 by the department of the attorney general.  Moneys in the civil
 
15 recoveries special fund shall be used for the following purposes:
 
16      (1)  Fees, charges, or other payments for pursuing and
 
17           collecting delinquent accounts;
 
18      (2)  Personnel costs, equipment acquisition, and operating
 
19           and administrative costs necessary for pursuing and
 
20           collecting delinquent accounts; and
 
21      (3)  Any other purpose deemed necessary by the department
 
22           for the purpose of pursuing and collecting delinquent
 
23           accounts."
 

 
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 1      SECTION 3.  Chapter 40, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§40-    Delinquent accounts; collection costs.  Fees,
 
 5 charges, or other payments incurred for the pursuit and
 
 6 collection of delinquent accounts from any fund shall be a
 
 7 permitted expenditure of that fund."
 
 8      SECTION 4.  Section 36-27, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§36-27  Transfers from special funds for central service
 
11 expenses.  Except as provided in this section, and
 
12 notwithstanding any other law to the contrary, from time to time
 
13 the director of finance, for the purpose of defraying the
 
14 prorated estimate of central service expenses of government in
 
15 relation to all special funds, except the:
 
16      (1)  Special summer school and intersession fund under
 
17           section 302A-1310;
 
18      (2)  School cafeteria special funds of the department of
 
19           education;
 
20      (3)  Special funds of the University of Hawaii;
 
21      (4)  State educational facilities improvement special fund;
 
22      (5)  Convention center capital special fund under section
 
23           206X-10.5 and the convention center operations special
 

 
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 1           fund under section 206X-10.6;
 
 2      (6)  Special funds established by section 206E-6;
 
 3      (7)  Housing loan program revenue bond special fund;
 
 4      (8)  Housing project bond special fund;
 
 5      (9)  Aloha Tower fund created by section 206J-17;
 
 6     (10)  Domestic violence prevention special fund under section
 
 7           321-1.3;
 
 8     (11)  Spouse and child abuse special account under section
 
 9           346-7.5;
 
10     (12)  Spouse and child abuse special account under section
 
11           601-3.6;
 
12     (13)  Funds of the employees' retirement system created by
 
13           section 88-109;
 
14     (14)  Unemployment compensation fund established under
 
15           section 383-121;
 
16     (15)  Hawaii hurricane relief fund established under chapter
 
17           431P;
 
18     (16)  Hawaii health systems corporation special funds;
 
19     (17)  Boiler and elevator safety revolving fund established
 
20           under section 397-5.5;
 
21     (18)  Tourism special fund established under section [[]201B-
 
22           11[]]; [and]
 
23     (19)  Department of commerce and consumer affairs' special
 

 
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 1           funds; and
 
 2     (20)  Civil recoveries special fund established under section
 
 3           28-   ; 
 
 4 shall deduct five percent of all receipts of all other special
 
 5 funds; which deduction shall be transferred to the general fund
 
 6 of the State and become general realizations of the State.  All
 
 7 officers of the State and other persons having power to allocate
 
 8 or disburse any special funds shall cooperate with the director
 
 9 in effecting these transfers.  To determine the proper revenue
 
10 base upon which the central service assessment is to be
 
11 calculated, the director shall adopt rules pursuant to chapter 91
 
12 for the purpose of suspending or limiting the application of the
 
13 central service assessment of any fund.  No later than twenty
 
14 days prior to the convening of each regular session of the
 
15 legislature, the director shall report all central service
 
16 assessments made during the preceding fiscal year."
 
17      SECTION 5.  Section 36-30, Hawaii Revised Statutes, is
 
18 amended by amending subsection (a) to read as follows:
 
19      "(a)  Each special fund, except the:
 
20      (1)  Transportation use special fund established by section
 
21           261D-1;
 
22      (2)  Special summer school and intersession fund under
 
23           section 302A-1310;
 

 
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 1      (3)  School cafeteria special funds of the department of
 
 2           education;
 
 3      (4)  Special funds of the University of Hawaii;
 
 4      (5)  State educational facilities improvement special fund;
 
 5      (6)  Special funds established by section 206E-6;
 
 6      (7)  Aloha Tower fund created by section 206J-17;
 
 7      (8)  Domestic violence prevention special fund under section
 
 8           321-1.3;
 
 9      (9)  Spouse and child abuse special account under section
 
10           346-7.5;
 
11     (10)  Spouse and child abuse special account under section
 
12           601-3.6;
 
13     (11)  Funds of the employees' retirement system created by
 
14           section 88-109;
 
15     (12)  Unemployment compensation fund established under
 
16           section 383-121;
 
17     (13)  Hawaii hurricane relief fund established under chapter
 
18           431P;
 
19     (14)  Convention center capital special fund established
 
20           under section 206X-10.5 and the convention center
 
21           operations special fund established under section 206X-
 
22           10.6;
 
23     (15)  Hawaii health systems corporation special funds; [and]
 

 
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 1     (16)  Tourism special fund established under section
 
 2           [[]201B-11[]]; and
 
 3     (17)  Civil recoveries special fund established under section
 
 4           28-  ; 
 
 5 shall be responsible for its pro rata share of the administrative
 
 6 expenses incurred by the department responsible for the
 
 7 operations supported by the special fund concerned."
 
 8      SECTION 6.  Act 216, Session Laws of Hawaii 1997, is amended
 
 9 by amending section 13 to read as follows:
 
10      "SECTION 13.  This Act shall take effect on July 1, 1997,
 
11 and shall be repealed on June 30, 2000; provided that [any]:
 
12      (1)  Any statutory or session law material in this Act in
 
13           existence on June 30, 1997, shall be reenacted on
 
14           July 1, 2000, in the same form in which it existed on
 
15           June 30, 1997[.]; and
 
16      (2)  Sections 36-27 and 36-30, Hawaii Revised Statutes,
 
17 shall be reenacted in the form in which they read as of June 30,
 
18 1997, as further amended by sections 4 and 5 of Act   , Session
 
19 Laws of Hawaii 1999."
 
20      SECTION 7.  There is appropriated out of the general
 
21 revenues of the State of Hawaii the sum of $        , or so much
 
22 thereof as may be necessary, for fiscal year 1999-2000 to be
 
23 deposited into the civil recoveries special fund for the purposes
 

 
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 1 of the fund.
 
 2      SECTION 8.  There is appropriated out of the civil
 
 3 recoveries special fund the sum of $        , or so much thereof
 
 4 as may be necessary, for fiscal year 1999-2000 for the purposes
 
 5 of the fund.
 
 6      SECTION 9.  The sums appropriated by this Act shall be
 
 7 expended by the department of the attorney general.  All moneys
 
 8 not encumbered by June 30, 2001, shall revert to the general
 
 9 fund.
 
10      SECTION 10.  In printing this Act, the revisor of statutes
 
11 shall insert the appropriate number of this Act in section 6. 
 
12                             PART II.
 
13      SECTION 11.  Section 92-21, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "§92-21  Copies of records; other costs and fees.  Except as
 
16 otherwise provided by law, a copy of any government record,
 
17 including any map, plan, diagram, photograph, photostat, or
 
18 geographic information system digital data file, which is open to
 
19 the inspection of the public shall be furnished to any person
 
20 applying for the same by the public officer having charge or
 
21 control thereof upon the payment of the reasonable cost of
 
22 reproducing such copy.  The cost of reproducing any government
 
23 record, except geographic information system digital data, shall
 
24 not be less than [50] _____ cents per page, sheet, or fraction
 

 
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 1 thereof.  The cost of reproducing geographic information system
 
 2 digital data shall be in accordance with rules adopted by the
 
 3 agency having charge or control of that data.  Such reproduction
 
 4 cost shall include, but shall not be limited to, labor cost for
 
 5 search and actual time for reproducing, material cost, including
 
 6 electricity cost, equipment cost, including rental cost, cost for
 
 7 certification, and other related costs.  All fees shall be paid
 
 8 in by the public officer receiving or collecting the same to the
 
 9 state director of finance, the county director of finance, or to
 
10 the agency or department by which the officer is employed, as
 
11 government realizations; provided that fees collected by the
 
12 public utilities commission pursuant to this section shall be
 
13 deposited in the public utilities commission special fund
 
14 established under section 269-33." 
 
15                             PART III.
 
16      SECTION 12.  The purpose of this part is to authorize the
 
17 Barbers Point naval air station redevelopment commission to
 
18 arrange for or provide infrastructure services, including
 
19 utilities, roadway maintenance and repair, security, and other
 
20 services, that may be required by the owners of properties being
 
21 conveyed by the United States Navy under the base realignment and
 
22 closure action and to recoup the costs for these services,
 
23 including maintenance and administrative costs, from the owners
 

 
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 1 of the properties, make changes to the composition of the members
 
 2 of the commission to reflect the recent reorganization of the
 
 3 city and county of Honolulu administration; and authorize the
 
 4 commission to establish advisory committees as it deems
 
 5 appropriate.
 
 6      SECTION 13.  Section 206G-3, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "[[]§206G-3[]]  Barbers Point Naval Air Station
 
 9 redevelopment commission; established.(a)  There is
 
10 established within the department of business, economic
 
11 development, and tourism, for administrative purposes, the
 
12 Barbers Point Naval Air Station redevelopment commission, which
 
13 shall be a body corporate and a public instrumentality of the
 
14 State for the purpose of implementing this chapter.
 
15      (b)  The purpose of the commission shall be to act as the
 
16 local redevelopment authority to facilitate the redevelopment of
 
17 Barbers Point Naval Air Station in accordance with the Barbers
 
18 Point Naval Air Station community reuse plan.  The commission's
 
19 duties shall include but not be limited to:
 
20      (1)  Coordinating with the Navy and other entities during
 
21           the preparation of an environmental impact statement
 
22           and conduct of remediation activities for the Barbers
 
23           Point Naval Air Station community reuse plan;
 

 
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 1      (2)  Assisting the landholders designated by the plan in the
 
 2           marketing of their properties and the preparation and
 
 3           processing of conveyance requests;
 
 4      (3)  Assisting the Navy by providing "caretaker services"
 
 5           after the closure of Barbers Point Naval Air Station as
 
 6           necessary;
 
 7      (4)  Working with the Navy and others to ensure that
 
 8           infrastructure support is provided to the existing
 
 9           developed area, which is referred to as the "downtown
 
10           area" and other federally retained areas;
 
11      (5)  Developing the infrastructure necessary to support the
 
12           implementation of the Barbers Point Naval Air Station
 
13           community reuse plan; and
 
14      (6)  Providing, to the extent feasible, maximum opportunity
 
15           for the reuse of surplus property by private enterprise
 
16           or state and local government.
 
17      (c)  The commission shall consist of fifteen voting members
 
18 as follows:
 
19      (1)  The state director of business, economic development,
 
20           and tourism; the chairperson of the board of land and
 
21           natural resources; the adjutant general; the
 
22           chairperson of the Hawaiian homes commission; and the
 
23           director of transportation, or their designated
 
24           representatives, shall serve as ex-officio voting
 

 
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 1           members;
 
 2      (2)  The county [chief planning officer; the director and
 
 3           chief engineer of public works; the director of housing
 
 4           and community development; and the director of
 
 5           transportation services,] director of parks and
 
 6           recreation and three additional county department
 
 7           directors designated by the mayor or their designated
 
 8           representatives, shall serve as [ex-officio] voting
 
 9           members;
 
10      (3)  Six voting members shall be appointed for staggered
 
11           terms as follows:
 
12           (A)  The governor shall appoint one member from a list
 
13                of three nominees submitted by the chair of the
 
14                Makakilo/Kapolei/Honokai Hale neighborhood board;
 
15           (B)  The governor shall appoint one member from a list
 
16                of three nominees submitted by the chair of the
 
17                Ewa neighborhood board;
 
18           (C)  The governor shall appoint, subject to the advice
 
19                and consent of the senate, two members from the
 
20                general public;
 
21           (D)  The mayor of Honolulu shall select one member from
 
22                the general public; and
 
23           (E)  The Honolulu city council shall select one member
 

 
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 1                from the general public.
 
 2      (d)  The commission shall select a chairperson and such
 
 3 other officers as it may deem necessary from among its members.
 
 4      (e)  The commander, naval base Pearl Harbor and commanding
 
 5 officer, naval air station Barbers Point may serve as non-voting
 
 6 ex-officio members of the commission.
 
 7      (f)  A majority of all voting members shall constitute a
 
 8 quorum to do business, and the concurrence of a majority of all
 
 9 voting members shall be necessary to make any action of the
 
10 commission valid.  All members shall continue in office until
 
11 their respective successors, selected in the same manner and
 
12 representing the same community of interest, have been appointed
 
13 and qualified.
 
14      (g)  The commission shall hire an executive director for the
 
15 commission.  The Hawaii community development authority shall
 
16 [make available employees of the authority to staff] assist the
 
17 commission as the commission deems necessary.
 
18      (h)  Members appointed under subsection (c) shall serve
 
19 without compensation, but each shall be reimbursed for expenses
 
20 including travel expenses incurred in the performance of their
 
21 duties.
 
22      (i)  The commission may establish advisory committees as it
 
23 deems necessary."
 

 
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 1      SECTION 14.  Section 206G-4, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§206G-4[]]  Powers; generally.  In its role as the local
 
 4 redevelopment authority for the redevelopment of the Kalaeloa
 
 5 community development district, and except as otherwise limited
 
 6 by this chapter, the commission may:
 
 7      (1)  Sue and be sued;
 
 8      (2)  Have a seal and alter the same at pleasure;
 
 9      (3)  Make and execute contracts and all other instruments
 
10           necessary or convenient for the exercise of its powers
 
11           and functions under this chapter;
 
12      (4)  Make and alter bylaws for its organization and internal
 
13           management;
 
14      (5)  Make rules with respect to its projects, operations,
 
15           properties, and facilities, in conformance with chapter
 
16           91;
 
17      (6)  Through its executive director appoint officers,
 
18           agents, and employees, prescribe their duties and
 
19           qualifications, and fix their salaries, without regard
 
20           to chapters 76 and 77;
 
21      (7)  Acquire, reacquire, or contract to acquire or reacquire
 
22           by grant, lease, or purchase real, personal, or mixed
 
23           property or any interest therein; to own, hold, clear,
 

 
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 1           improve, and rehabilitate, and to sell, assign,
 
 2           exchange, transfer, convey, lease, or otherwise dispose
 
 3           of or encumber the same;
 
 4      (8)  Acquire or reacquire by condemnation real, personal, or
 
 5           mixed property or any interest therein for public
 
 6           facilities, including but not limited to streets,
 
 7           sidewalks, parks, schools, utility systems, and other
 
 8           public improvements;
 
 9      (9)  By itself, or in partnership with qualified persons,
 
10           acquire, reacquire, construct, reconstruct,
 
11           rehabilitate, improve, alter, or repair or provide for
 
12           the construction, reconstruction, improvement,
 
13           alteration, or repair of any project; own, hold, sell,
 
14           assign, transfer, convey, exchange, lease, or otherwise
 
15           dispose of or encumber any project, and in the case of
 
16           the sale of any project, accept a purchase money
 
17           mortgage in connection therewith; and repurchase or
 
18           otherwise acquire any project which the commission has
 
19           theretofore sold or otherwise conveyed, transferred, or
 
20           disposed of;
 
21     (10)  Arrange or contract for the planning, replanning,
 
22           opening, grading, or closing of streets, roads,
 
23           roadways, alleys, or other places, or for the
 

 
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 1           furnishing of facilities or for the acquisition of
 
 2           property or property rights or for the furnishing of
 
 3           property or services in connection with a project;
 
 4     (11)  Grant options to purchase any project or to renew any
 
 5           lease entered into by it in connection with any of its
 
 6           projects, on such terms and conditions as it deems
 
 7           advisable;
 
 8     (12)  Prepare or cause to be prepared plans, specifications,
 
 9           designs, and estimates of costs for the construction,
 
10           reconstruction, rehabilitation, improvement,
 
11           alteration, or repair of any project, and from time to
 
12           time to modify such plans, specifications, designs, or
 
13           estimates;
 
14     (13)  Provide advisory, consultative, training, and
 
15           educational services, technical assistance, and advice
 
16           to any person, partnership, or corporation, either
 
17           public or private, in order to carry out the purposes
 
18           of this chapter, and engage the services of consultants
 
19           on a contractual basis for rendering professional and
 
20           technical assistance and advice;
 
21     (14)  Contract for and accept gifts [or], grants, utility
 
22           systems, roadway systems, or other improvements in any
 
23           form from any public agency or from any other source;
 

 
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 1           [and]
 
 2     (15)  Arrange for or provide interim services, including, but
 
 3           not limited to, utilities, roadway maintenance and
 
 4           repair, security, and other services to the owners of
 
 5           properties being conveyed by the Navy under the base
 
 6           realignment and closure action; and recoup the costs
 
 7           for these services including maintenance and
 
 8           administrative costs from the owners of the properties
 
 9           in proportion to their use of the services or benefits
 
10           therefrom; and
 
11    [(15)] (16)  Do any and all things necessary to carry out its
 
12           purposes and exercise the powers given and granted in
 
13           this chapter."
 
14                             PART IV.
 
15      SECTION 15.  Chapter 109, Hawaii Revised Statutes, is
 
16 amended by adding two new sections to be appropriately designated
 
17 and to read as follows:
 
18      "§109-     Kapolei recreational sports complex special fund.
 
19 There is created a special fund to be known as the Kapolei
 
20 recreational sports complex special fund into which funds
 
21 appropriated by the legislature, received pursuant to a
 
22 management contract under section 109-2(3), or collected by the
 
23 authority from the operations of the Kapolei recreational sports
 

 
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 1 complex shall be deposited subject to contracts entered into
 
 2 pursuant to section 109-2(3); provided that all funds received
 
 3 pursuant to this section shall be kept completely separate from
 
 4 the stadium special fund.  The fund shall be applied, used, and
 
 5 disposed of for the payment of:
 
 6      (1)  The expenses of the operation, maintenance, promotion,
 
 7           and management of; and
 
 8      (2)  All or a portion of the cost of financing any capital
 
 9           improvement project for;
 
10 the Kapolei recreational sports complex; provided that all
 
11 services required for the Kapolei recreational sports complex
 
12 shall be performed by persons hired on contract or otherwise,
 
13 without regard for chapters 76 and 77; provided further that the
 
14 authority shall report to the legislature all receipts and
 
15 expenditures of the Kapolei recreational complex special fund
 
16 account twenty days prior to the convening of each regular
 
17 session.
 
18      §109-     Lost and found money or property at the Kapolei
 
19 recreational sports complex.  (a)  All money or property found at
 
20 the Kapolei recreational sports complex shall be reported or
 
21 delivered by the finder to the complex lost and found, and when
 
22 so delivered shall be held by the Kapolei recreational sports
 
23 complex management for forty-five days or until claimed by some
 

 
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 1 person who establishes title or right of custody thereto to the
 
 2 satisfaction of the management, whichever is shorter.  In the
 
 3 event of establishment of title or right of custody, the money or
 
 4 property shall be delivered to the claimant by the management or
 
 5 the management's agent.  If after forty-five days no claimant
 
 6 establishes a right to the money or property, the money or
 
 7 property may be claimed by the person who delivered it to the
 
 8 complex lost and found; provided that if the person who delivered
 
 9 it to the complex lost and found fails to claim the money or
 
10 property within thirty days after being notified by the
 
11 management, the management shall deposit the money into the state
 
12 treasury to the credit of the Kapolei recreational sports complex
 
13 special fund or shall dispose of the property by public auction.
 
14      The management shall give public notice, giving details as
 
15 to time and place of the auction and giving notice to all persons
 
16 interested in claiming the property that unless claims are made
 
17 by persons who can provide satisfactory proof of ownership before
 
18 a specified date, the property will be sold at public auction to
 
19 the highest bidder; provided that if the management considers the
 
20 highest bid to be insufficient, the management shall have the
 
21 right to decline the sale to the highest bidder and may reoffer
 
22 the property at a subsequent public auction.  On the day and at
 
23 the place specified in the notice, all property for which no
 

 
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 1 satisfactory proof of ownership is made shall be sold by auction
 
 2 by or under the direction of the management.
 
 3      (b)  If any property which is of a perishable nature or
 
 4 which is unreasonably expensive to keep or safeguard remains
 
 5 unclaimed at the complex, the management may sell that property
 
 6 at public auction, at a time and after notice that is reasonable
 
 7 under the circumstances.  If the management determines that any
 
 8 property delivered to the management pursuant to this section has
 
 9 no apparent commercial value, the management at any time
 
10 thereafter may destroy or otherwise dispose of the property.
 
11      (c)  The management shall deposit into the Kapolei
 
12 recreational sports complex special fund all moneys received from
 
13 the sale, destruction, or disposition of any property.  No action
 
14 or proceeding shall be brought or maintained against the State or
 
15 any officer thereof on account of that sale, destruction, or
 
16 disposition.  The purchaser of property at any sale conducted by
 
17 the management pursuant to this section shall receive good title
 
18 to the property purchased and shall take possession of the
 
19 property free from any and all claims of the owner, prior owners,
 
20 and any person claiming title.
 
21      (d)  For purposes of this section, notice by regular mail to
 
22 the last known address of the person who delivered the money or
 
23 property to the complex lost and found shall be deemed
 

 
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 1 sufficient."
 
 2      SECTION 16.  Chapter 109, Hawaii Revised Statutes, is
 
 3 amended by amending the title to read as follows:
 
 4              "STADIUMS AND RECREATIONAL FACILITIES"
 
 5      SECTION 17.  Section 109-1, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  There shall be within the department of accounting and
 
 8 general services for administrative purposes only, a stadium
 
 9 authority whose responsibility shall be to maintain, operate, and
 
10 manage the stadium and facilities attached thereto[.] and to
 
11 provide for the maintenance, operation, management, and promotion
 
12 of the Kapolei recreational sports complex.  The authority shall
 
13 consist of nine members who shall be appointed by the governor in
 
14 the manner prescribed by section 26-34.  Each member of the
 
15 authority shall have been a citizen of the United States and a
 
16 resident of the State for at least five years next preceding the
 
17 member's appointment.  The president of the University of Hawaii
 
18 and the superintendent of education shall be ex officio members
 
19 of the authority but shall not vote."
 
20      SECTION 18.  Section 109-2, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "§109-2 Stadium authority; powers and duties.  The powers
 
23 and duties of the stadium authority shall be as follows:
 

 
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 1      (1)  To maintain, operate, and manage the stadium and
 
 2           related facilities[;], and to provide for the
 
 3           maintenance, operation, management, and promotion of
 
 4           the Kapolei recreational sports complex;
 
 5      (2)  To prescribe and collect rents, fees, and charges for
 
 6           the use or enjoyment of the stadium or any of its
 
 7           facilities;
 
 8      (3)  To make and execute contracts and other instruments
 
 9           necessary or convenient to exercise its powers under
 
10           this chapter and subject to any limitations in this
 
11           chapter, to exercise all powers necessary, incidental,
 
12           or convenient to carry out and effectuate the purposes
 
13           and provisions of this chapter[;], including entering
 
14           into contracts under chapter 102 or 103D for the
 
15           management of the Kapolei recreational sports complex,
 
16           to include but not be limited to the operation,
 
17           maintenance, and promotion of the complex in a manner
 
18           that is beneficial to both the State and the
 
19           contractor.  These contracts may contain revenue
 
20           sharing incentives based on increased usage of the
 
21           complex;
 
22      (4)  To adopt, amend, and repeal in accordance with chapter
 
23           91 rules it may deem necessary to effectuate this
 

 
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 1           chapter and in connection with its projects,
 
 2           operations, and facilities;
 
 3      (5)  To appoint a manager and a deputy manager who shall
 
 4           have such qualifications as the authority deems
 
 5           necessary and who shall hold their respective offices
 
 6           at the pleasure of the authority.  The manager and
 
 7           deputy manager shall be exempt from the requirements of
 
 8           chapters 76, 77, and 89.  Effective January 1, 1989,
 
 9           and January 1, 1990, the salary of the manager shall be
 
10           set by the governor within the range from $69,748 to
 
11           $74,608 and $72,886 to $77,966 a year, respectively.
 
12           Effective January 1, 1989, and January 1, 1990, the
 
13           salary of the deputy manager shall be $62,854 and
 
14           $65,683 a year, respectively.  The manager shall have
 
15           full power to administer the affairs of the stadium and
 
16           related facilities, and to provide for a management
 
17           contract for the Kapolei recreational sports complex,
 
18           subject to the direction and approval of the authority.
 
19           The manager shall, subject to the approval of the
 
20           authority, have power to appoint, suspend, and
 
21           discharge a secretary who shall be exempt from the
 
22           requirements of chapters 76, 77, and 89, and such other
 
23           employees, subordinates, and assistants as may be
 

 
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 1           necessary for the proper conduct of the business of the
 
 2           authority.  Except for persons hired on contract or
 
 3           otherwise as provided in section 109-3 and except for
 
 4           the manager, deputy manager, and secretary, all
 
 5           appointments, suspensions, or discharges shall be made
 
 6           in conformity with the applicable provisions of
 
 7           chapters 76 and 77; and
 
 8      (6)  To plan, promote, and market the stadium [and], its
 
 9           related facilities[.], and the Kapolei recreational
 
10           sports complex."
 
11      SECTION 19.  Section 109-3, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "§109-3 Stadium special fund.  There is created a special
 
14 fund to be known as the stadium special fund into which funds
 
15 collected by the authority shall be deposited[.]; provided that
 
16 all funds received pursuant to this section shall be kept
 
17 completely separate from the Kapolei recreational sports complex
 
18 special fund.  The fund shall be applied, used, and disposed of
 
19 for the payment of:
 
20      (1)  The expenses of the operation, maintenance, promotion,
 
21           and management of; and
 
22      (2)  All or a portion of the cost of financing any capital
 
23           improvement project for;
 

 
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 1 the stadium and related facilities; provided that all services
 
 2 required for the stadium and related facilities shall be
 
 3 performed by persons hired on contract or otherwise, without
 
 4 regard for chapters 76 and 77; provided further that the
 
 5 authority shall report to the legislature all receipts and
 
 6 expenditures of the stadium special fund account twenty days
 
 7 prior to the convening of each regular session."
 
 8      SECTION 20.  Section 109-5, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]§109-5[]]  Security personnel, powers.  The person
 
11 employed as the chief security officer by the authority shall
 
12 have all of the powers of police officers, including the power of
 
13 arrest; provided that such powers shall remain in force and in
 
14 effect only while the person is in the actual performance of the
 
15 person's duties at the stadium[.] or the Kapolei recreational
 
16 sports complex." 
 
17      SECTION 21.  Section 109-7, Hawaii Revised Statutes, is
 
18 amended by amending subsections (b) and (c) to read as follows:
 
19      "(b)  Any person violating any rule of the stadium authority
 
20 regulating conduct on the stadium or Kapolei recreational sports
 
21 complex premises shall be guilty of a petty misdemeanor
 
22 punishable by a fine not exceeding $1,000, or imprisonment not
 
23 exceeding thirty days, or both.
 

 
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 1      (c)  Any person violating any rule of the stadium authority
 
 2 regulating parking or traffic on the stadium or Kapolei
 
 3 recreational sports complex premises shall have committed a
 
 4 traffic infraction as set forth in chapter 291D, the adjudication
 
 5 of which shall be subject to the provisions contained therein."
 
 6      SECTION 22.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 23.  This Act shall take effect on                 ,
 
 9 provided that Part I of this Act shall be repealed on June 30,
 
10 2001.