REPORT TITLE:
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. (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        646
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                
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.  Section 92-21, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "§92-21  Copies of records; other costs and fees.  Except as
 
 5 otherwise provided by law, a copy of any government record,
 
 6 including any map, plan, diagram, photograph, photostat, or
 
 7 geographic information system digital data file, which is open to
 
 8 the inspection of the public shall be furnished to any person
 
 9 applying for the same by the public officer having charge or
 
10 control thereof upon the payment of the reasonable cost of
 
11 reproducing such copy.  The cost of reproducing any government
 
12 record, except geographic information system digital data, shall
 
13 not be less than [50] 6 cents per page, sheet, or fraction
 
14 thereof.  The cost of reproducing geographic information system
 
15 digital data shall be in accordance with rules adopted by the
 
16 agency having charge or control of that data.  Such reproduction
 
17 cost shall include, but shall not be limited to, labor cost for
 
18 search and actual time for reproducing, material cost, including
 
19 electricity cost, equipment cost, including rental cost, cost for
 

 
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 1 certification, and other related costs.  All fees shall be paid
 
 2 in by the public officer receiving or collecting the same to the
 
 3 state director of finance, the county director of finance, or to
 
 4 the agency or department by which the officer is employed, as
 
 5 government realizations; provided that fees collected by the
 
 6 public utilities commission pursuant to this section shall be
 
 7 deposited in the public utilities commission special fund
 
 8 established under section 269-33." 
 
 9                             PART II.
 
10      SECTION 2.  The purpose of this part is to authorize the
 
11 Barbers Point naval air station redevelopment commission to
 
12 arrange for or provide infrastructure services, including
 
13 utilities, roadway maintenance and repair, security, and other
 
14 services, that may be required by the owners of properties being
 
15 conveyed by the United States Navy under the base realignment and
 
16 closure action and to recoup the costs for these services,
 
17 including maintenance and administrative costs, from the owners
 
18 of the properties, make changes to the composition of the members
 
19 of the commission to reflect the recent reorganization of the
 
20 city and county of Honolulu administration; and authorize the
 
21 commission to establish advisory committees as it deems
 
22 appropriate.
 
23      SECTION 3.  Section 206G-3, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "[[]§206G-3[]]  Barbers Point Naval Air Station
 
 3 redevelopment commission; established.(a)  There is
 
 4 established within the department of business, economic
 
 5 development, and tourism, for administrative purposes, the
 
 6 Barbers Point Naval Air Station redevelopment commission, which
 
 7 shall be a body corporate and a public instrumentality of the
 
 8 State for the purpose of implementing this chapter.
 
 9      (b)  The purpose of the commission shall be to act as the
 
10 local redevelopment authority to facilitate the redevelopment of
 
11 Barbers Point Naval Air Station in accordance with the Barbers
 
12 Point Naval Air Station community reuse plan.  The commission's
 
13 duties shall include but not be limited to:
 
14      (1)  Coordinating with the Navy and other entities during
 
15           the preparation of an environmental impact statement
 
16           and conduct of remediation activities for the Barbers
 
17           Point Naval Air Station community reuse plan;
 
18      (2)  Assisting the landholders designated by the plan in the
 
19           marketing of their properties and the preparation and
 
20           processing of conveyance requests;
 
21      (3)  Assisting the Navy by providing "caretaker services"
 
22           after the closure of Barbers Point Naval Air Station as
 
23           necessary;
 

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

 
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 1           services, or their designated representatives, shall
 
 2           serve as ex-officio voting members;
 
 3      (3)  Six voting members shall be appointed for staggered
 
 4           terms as follows:
 
 5           (A)  The governor shall appoint one member from a list
 
 6                of three nominees submitted by the chair of the
 
 7                Makakilo/Kapolei/Honokai Hale neighborhood board;
 
 8           (B)  The governor shall appoint one member from a list
 
 9                of three nominees submitted by the chair of the
 
10                Ewa neighborhood board;
 
11           (C)  The governor shall appoint, subject to the advice
 
12                and consent of the senate, two members from the
 
13                general public;
 
14           (D)  The mayor of Honolulu shall select one member from
 
15                the general public; and
 
16           (E)  The Honolulu city council shall select one member
 
17                from the general public.
 
18      (d)  The commission shall select a chairperson and such
 
19 other officers as it may deem necessary from among its members.
 
20      (e)  The commander, naval base Pearl Harbor and commanding
 
21 officer, naval air station Barbers Point may serve as non-voting
 
22 ex-officio members of the commission.
 
23      (f)  A majority of all voting members shall constitute a
 

 
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 1 quorum to do business, and the concurrence of a majority of all
 
 2 voting members shall be necessary to make any action of the
 
 3 commission valid.  All members shall continue in office until
 
 4 their respective successors, selected in the same manner and
 
 5 representing the same community of interest, have been appointed
 
 6 and qualified.
 
 7      (g)  The commission shall hire an executive director for the
 
 8 commission.  The Hawaii community development authority shall
 
 9 [make available employees of the authority to staff] assist the
 
10 commission as the commission deems necessary.
 
11      (h)  Members appointed under subsection (c) shall serve
 
12 without compensation, but each shall be reimbursed for expenses
 
13 including travel expenses incurred in the performance of their
 
14 duties.
 
15      (i)  The commission may establish advisory committees as it
 
16 deems necessary."
 
17      SECTION 4.  Section 206G-4, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]§206G-4[]]  Powers; generally.  In its role as the local
 
20 redevelopment authority for the redevelopment of the Kalaeloa
 
21 community development district, and except as otherwise limited
 
22 by this chapter, the commission may:
 
23      (1)  Sue and be sued;
 

 
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 1      (2)  Have a seal and alter the same at pleasure;
 
 2      (3)  Make and execute contracts and all other instruments
 
 3           necessary or convenient for the exercise of its powers
 
 4           and functions under this chapter;
 
 5      (4)  Make and alter bylaws for its organization and internal
 
 6           management;
 
 7      (5)  Make rules with respect to its projects, operations,
 
 8           properties, and facilities, in conformance with chapter
 
 9           91;
 
10      (6)  Through its executive director appoint officers,
 
11           agents, and employees, prescribe their duties and
 
12           qualifications, and fix their salaries, without regard
 
13           to chapters 76 and 77;
 
14      (7)  Acquire, reacquire, or contract to acquire or reacquire
 
15           by grant, lease, or purchase real, personal, or mixed
 
16           property or any interest therein; to own, hold, clear,
 
17           improve, and rehabilitate, and to sell, assign,
 
18           exchange, transfer, convey, lease, or otherwise dispose
 
19           of or encumber the same;
 
20      (8)  Acquire or reacquire by condemnation real, personal, or
 
21           mixed property or any interest therein for public
 
22           facilities, including but not limited to streets,
 
23           sidewalks, parks, schools, utility systems, and other
 

 
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 1           public improvements;
 
 2      (9)  By itself, or in partnership with qualified persons,
 
 3           acquire, reacquire, construct, reconstruct,
 
 4           rehabilitate, improve, alter, or repair or provide for
 
 5           the construction, reconstruction, improvement,
 
 6           alteration, or repair of any project; own, hold, sell,
 
 7           assign, transfer, convey, exchange, lease, or otherwise
 
 8           dispose of or encumber any project, and in the case of
 
 9           the sale of any project, accept a purchase money
 
10           mortgage in connection therewith; and repurchase or
 
11           otherwise acquire any project which the commission has
 
12           theretofore sold or otherwise conveyed, transferred, or
 
13           disposed of;
 
14     (10)  Arrange or contract for the planning, replanning,
 
15           opening, grading, or closing of streets, roads,
 
16           roadways, alleys, or other places, or for the
 
17           furnishing of facilities or for the acquisition of
 
18           property or property rights or for the furnishing of
 
19           property or services in connection with a project;
 
20     (11)  Grant options to purchase any project or to renew any
 
21           lease entered into by it in connection with any of its
 
22           projects, on such terms and conditions as it deems
 
23           advisable;
 

 
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 1     (12)  Prepare or cause to be prepared plans, specifications,
 
 2           designs, and estimates of costs for the construction,
 
 3           reconstruction, rehabilitation, improvement,
 
 4           alteration, or repair of any project, and from time to
 
 5           time to modify such plans, specifications, designs, or
 
 6           estimates;
 
 7     (13)  Provide advisory, consultative, training, and
 
 8           educational services, technical assistance, and advice
 
 9           to any person, partnership, or corporation, either
 
10           public or private, in order to carry out the purposes
 
11           of this chapter, and engage the services of consultants
 
12           on a contractual basis for rendering professional and
 
13           technical assistance and advice;
 
14     (14)  Contract for and accept gifts [or], grants, utility
 
15           systems, roadway systems, or other improvements in any
 
16           form from any public agency or from any other source;
 
17           [and]
 
18     (15)  Arrange for or provide interim services, including, but
 
19           not limited to, utilities, roadway maintenance and
 
20           repair, security, and other services to the owners of
 
21           properties being conveyed by the Navy under the base
 
22           realignment and closure action; and recoup the costs
 
23           for these services including maintenance and
 

 
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 1           administrative costs from the owners of the properties
 
 2           in proportion to their use of the services or benefits
 
 3           therefrom; and
 
 4    [(15)] (16)  Do any and all things necessary to carry out its
 
 5           purposes and exercise the powers given and granted in
 
 6           this chapter."
 
 7                             PART III.
 
 8      SECTION 5.  Chapter 109, Hawaii Revised Statutes, is amended
 
 9 by adding two new sections to be appropriately designated and to
 
10 read as follows:
 
11      "§109-     Kapolei recreational sports complex special fund.
 
12 There is created a special fund to be known as the Kapolei
 
13 recreational sports complex special fund into which funds
 
14 appropriated by the legislature, received pursuant to a
 
15 management contract under section 109-2(3), or collected by the
 
16 authority from the operations of the Kapolei recreational sports
 
17 complex shall be deposited subject to contracts entered into
 
18 pursuant to section 109-2(3); provided that all funds received
 
19 pursuant to this section shall be kept completely separate from
 
20 the stadium special fund.  The fund shall be applied, used, and
 
21 disposed of for the payment of:
 
22      (1)  The expenses of the operation, maintenance, promotion,
 
23           and management of; and
 

 
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 1      (2)  All or a portion of the cost of financing any capital
 
 2           improvement project for;
 
 3 the Kapolei recreational sports complex; provided that all
 
 4 services required for the Kapolei recreational sports complex
 
 5 shall be performed by persons hired on contract or otherwise,
 
 6 without regard for chapters 76 and 77; provided further that the
 
 7 authority shall report to the legislature all receipts and
 
 8 expenditures of the Kapolei recreational complex special fund
 
 9 account twenty days prior to the convening of each regular
 
10 session.
 
11      §109-     Lost and found money or property at the Kapolei
 
12 recreational sports complex.  (a)  All money or property found at
 
13 the Kapolei recreational sports complex shall be reported or
 
14 delivered by the finder to the complex lost and found, and when
 
15 so delivered shall be held by the Kapolei recreational sports
 
16 complex management for forty-five days or until claimed by some
 
17 person who establishes title or right of custody thereto to the
 
18 satisfaction of the management, whichever is shorter.  In the
 
19 event of establishment of title or right of custody, the money or
 
20 property shall be delivered to the claimant by the management or
 
21 the management's agent.  If after forty-five days no claimant
 
22 establishes a right to the money or property, the money or
 
23 property may be claimed by the person who delivered it to the
 

 
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 1 complex lost and found; provided that if the person who delivered
 
 2 it to the complex lost and found fails to claim the money or
 
 3 property within thirty days after being notified by the
 
 4 management, the management shall deposit the money into the state
 
 5 treasury to the credit of the Kapolei recreational sports complex
 
 6 special fund or shall dispose of the property by public auction.
 
 7      The management shall give public notice, giving details as
 
 8 to time and place of the auction and giving notice to all persons
 
 9 interested in claiming the property that unless claims are made
 
10 by persons who can provide satisfactory proof of ownership before
 
11 a specified date, the property will be sold at public auction to
 
12 the highest bidder; provided that if the management considers the
 
13 highest bid to be insufficient, the management shall have the
 
14 right to decline the sale to the highest bidder and may reoffer
 
15 the property at a subsequent public auction.  On the day and at
 
16 the place specified in the notice, all property for which no
 
17 satisfactory proof of ownership is made shall be sold by auction
 
18 by or under the direction of the management.
 
19      (b)  If any property which is of a perishable nature or
 
20 which is unreasonably expensive to keep or safeguard remains
 
21 unclaimed at the complex, the management may sell that property
 
22 at public auction, at a time and after notice that is reasonable
 
23 under the circumstances.  If the management determines that any
 

 
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 1 property delivered to the management pursuant to this section has
 
 2 no apparent commercial value, the management at any time
 
 3 thereafter may destroy or otherwise dispose of the property.
 
 4      (c)  The management shall deposit into the Kapolei
 
 5 recreational sports complex special fund all moneys received from
 
 6 the sale, destruction, or disposition of any property.  No action
 
 7 or proceeding shall be brought or maintained against the State or
 
 8 any officer thereof on account of that sale, destruction, or
 
 9 disposition.  The purchaser of property at any sale conducted by
 
10 the management pursuant to this section shall receive good title
 
11 to the property purchased and shall take possession of the
 
12 property free from any and all claims of the owner, prior owners,
 
13 and any person claiming title.
 
14      (d)  For purposes of this section, notice by regular mail to
 
15 the last known address of the person who delivered the money or
 
16 property to the complex lost and found shall be deemed
 
17 sufficient."
 
18      SECTION 6.  Chapter 109, Hawaii Revised Statutes, is amended
 
19 by amending the title to read as follows:
 
20              "STADIUMS AND RECREATIONAL FACILITIES"
 
21      SECTION 7.  Section 109-1, Hawaii Revised Statutes, is
 
22 amended by amending subsection (a) to read as follows:
 
23      "(a)  There shall be within the department of accounting and
 

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

 
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 1      (3)  To make and execute contracts and other instruments
 
 2           necessary or convenient to exercise its powers under
 
 3           this chapter and subject to any limitations in this
 
 4           chapter, to exercise all powers necessary, incidental,
 
 5           or convenient to carry out and effectuate the purposes
 
 6           and provisions of this chapter[;], including entering
 
 7           into contracts under chapter 102 or 103D for the
 
 8           management of the Kapolei recreational sports complex,
 
 9           to include but not be limited to the operation,
 
10           maintenance, and promotion of the complex in a manner
 
11           that is beneficial to both the State and the
 
12           contractor.  These contracts may contain revenue
 
13           sharing incentives based on increased usage of the
 
14           complex;
 
15      (4)  To adopt, amend, and repeal in accordance with chapter
 
16           91 rules it may deem necessary to effectuate this
 
17           chapter and in connection with its projects,
 
18           operations, and facilities;
 
19      (5)  To appoint a manager and a deputy manager who shall
 
20           have such qualifications as the authority deems
 
21           necessary and who shall hold their respective offices
 
22           at the pleasure of the authority.  The manager and
 
23           deputy manager shall be exempt from the requirements of
 

 
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 1           chapters 76, 77, and 89.  Effective January 1, 1989,
 
 2           and January 1, 1990, the salary of the manager shall be
 
 3           set by the governor within the range from $69,748 to
 
 4           $74,608 and $72,886 to $77,966 a year, respectively.
 
 5           Effective January 1, 1989, and January 1, 1990, the
 
 6           salary of the deputy manager shall be $62,854 and
 
 7           $65,683 a year, respectively.  The manager shall have
 
 8           full power to administer the affairs of the stadium and
 
 9           related facilities, and to provide for a management
 
10           contract for the Kapolei recreational sports complex,
 
11           subject to the direction and approval of the authority.
 
12           The manager shall, subject to the approval of the
 
13           authority, have power to appoint, suspend, and
 
14           discharge a secretary who shall be exempt from the
 
15           requirements of chapters 76, 77, and 89, and such other
 
16           employees, subordinates, and assistants as may be
 
17           necessary for the proper conduct of the business of the
 
18           authority.  Except for persons hired on contract or
 
19           otherwise as provided in section 109-3 and except for
 
20           the manager, deputy manager, and secretary, all
 
21           appointments, suspensions, or discharges shall be made
 
22           in conformity with the applicable provisions of
 
23           chapters 76 and 77; and
 

 
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 1      (6)  To plan, promote, and market the stadium [and], its
 
 2           related facilities[.], and the Kapolei recreational
 
 3           sports complex."
 
 4      SECTION 9.  Section 109-3, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "§109-3 Stadium special fund.  There is created a special
 
 7 fund to be known as the stadium special fund into which funds
 
 8 collected by the authority shall be deposited[.]; provided that
 
 9 all funds received pursuant to this section shall be kept
 
10 completely separate from the Kapolei recreational sports complex
 
11 special fund.  The fund shall be applied, used, and disposed of
 
12 for the payment of:
 
13      (1)  The expenses of the operation, maintenance, promotion,
 
14           and management of; and
 
15      (2)  All or a portion of the cost of financing any capital
 
16           improvement project for;
 
17 the stadium and related facilities; provided that all services
 
18 required for the stadium and related facilities shall be
 
19 performed by persons hired on contract or otherwise, without
 
20 regard for chapters 76 and 77; provided further that the
 
21 authority shall report to the legislature all receipts and
 
22 expenditures of the stadium special fund account twenty days
 
23 prior to the convening of each regular session."
 

 
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 1      SECTION 10.  Section 109-5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§109-5[]]  Security personnel, powers.  The person
 
 4 employed as the chief security officer by the authority shall
 
 5 have all of the powers of police officers, including the power of
 
 6 arrest; provided that such powers shall remain in force and in
 
 7 effect only while the person is in the actual performance of the
 
 8 person's duties at the stadium[.] or the Kapolei recreational
 
 9 sports complex." 
 
10      SECTION 11.  Section 109-7, Hawaii Revised Statutes, is
 
11 amended by amending subsections (b) and (c) to read as follows:
 
12      "(b)  Any person violating any rule of the stadium authority
 
13 regulating conduct on the stadium or Kapolei recreational sports
 
14 complex premises shall be guilty of a petty misdemeanor
 
15 punishable by a fine not exceeding $1,000, or imprisonment not
 
16 exceeding thirty days, or both.
 
17      (c)  Any person violating any rule of the stadium authority
 
18 regulating parking or traffic on the stadium or Kapolei
 
19 recreational sports complex premises shall have committed a
 
20 traffic infraction as set forth in chapter 291D, the adjudication
 
21 of which shall be subject to the provisions contained therein."
 
22      SECTION 12.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 
24      SECTION 13.  This Act shall take effect upon its approval.