Report Title:

Aloha Tower Development Corporation

Description:

Authorizes the Aloha Tower Development Corporation (ATDC) to become part of a limited liability company (LLC) with developers of ATDC projects. Provides that the LLC may hold and expend public moneys for the project without regard to chapter 103D, and that state employees hired by the LLC retain state employment benefits and classification. (HB1114 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1114

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the aloha tower development corporation.

 

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

SECTION 1. Chapter 206J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§206J- Public-private ventures with qualified persons. (a) The development corporation may become part of a limited liability company organized under chapter 428 with qualified persons who have been selected pursuant to chapter 103D as developers for a project or projects consistent with the purposes of this chapter. The limited liability company may be organized to hold, but shall not be limited to holding assets such as development rights, contracts, designs, and agreements for construction of multiple projects both public and private in nature.

(b) Any legislative authorization or agency transfer of funds for a public project held by the limited liability company shall be transferred to accounts held under the authority of the limited liability company and not subject to chapter 103D. The limited liability company shall create separate sub-accounts for public and private projects held by the limited liability company and all public moneys received by the limited liability company shall be placed in appropriately designated public sub-accounts.

(c) Any development, construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project held by the limited liability company shall not be subject to chapter 103D.

(d) Notwithstanding any law to the contrary, the employment status of any state employee hired by the limited liability company shall not change solely because the state employee was hired by the limited liability company. For purposes of the operation of the provisions set forth in chapters 76 and 77, a state employee’s benefits and classification within the state employment system shall not be interrupted, terminated, or varied solely because the state employee was hired by the limited liability company."

SECTION 2. Section 206J-2, Hawaii Revised Statutes, is amended by amending the definition of "qualified person" to read as follows:

""Qualified person" means any individual, partnership, corporation, limited liability company, or any public agency, possessing the competence, expertise, experience, and resources, including financial, personnel, and tangible resources, required for the purposes of the project and such other qualifications as may be deemed desirable by the development corporation in administering this chapter."

SECTION 3. Section 206J-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The development corporation shall have all the powers necessary to carry out its purposes, including the following powers:

(1) To sue and be sued;

(2) To have a seal and alter the same at its pleasure;

(3) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

(4) To make and alter bylaws for its organization and internal management;

(5) To adopt rules under chapter 91 necessary to effectuate this chapter in connection with its projects, operations, properties, and facilities;

(6) Through its chief executive officer, to appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, consistent with chapter 76; its chief executive officer may also appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapter 76;

(7) To prepare or cause to be prepared, a development plan for the Aloha Tower complex, incorporating the needs of the department of transportation and accommodating the plans, specifications, designs, or estimates of any project acceptable to the development corporation;

(8) To own, lease, hold, clear, improve, and rehabilitate real, personal, or mixed property, or any interest therein; and to assign, exchange, sell, transfer, convey, lease, sublease, or encumber any project or improvement, including easements, constituting part of a project within the Aloha Tower complex, except that required for necessary maritime purposes, including leases or other agreements for the rehabilitation, repair, maintenance, and operation of the Aloha Tower;

(9) By itself, or in conjunction with qualified persons, to develop, construct, reconstruct, rehabilitate, improve, alter, or repair or provide for the development, construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, including projects or any portion thereof under the control or jurisdiction of qualified persons; to own, hold, assign, transfer, convey, exchange, sell, lease, sublease, or encumber any project, including projects or any portion thereof under the control or jurisdiction of qualifies persons;

(10) Notwithstanding any other provisions of law to the contrary, to arrange or initiate appropriate action for the planning, replanning, opening, grading, relocating, or closing of streets, roads, roadways, alleys, easements, piers, or other places, the furnishing of facilities, the acquisition of property or property rights, or the furnishing of property, development rights, or services in connection with a project;

(11) To grant options or renew any lease entered into by it in connection with any project, on terms and conditions as it deems advisable;

(12) To prepare or cause to be prepared, plans, specifications, designs, and estimates of project cost for the development, construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time to modify such plans, specifications, designs, or estimates;

(13) To provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, [in order] to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

(14) To procure insurance against any loss in connection with its property and other assets and operations in such amounts and from such insurers as it deems desirable;

(15) To contract for and accept gifts or grants in any form from any public agency or from any other source;

(16) To pledge or assign all or any part of the moneys, rents, charges, or other revenues and any proceeds derived by the development corporation from proceeds of insurance or condemnation awards, less guarantees to the harbor special fund for the loss of revenues or incurrence of costs and expenses because of any action taken by the development corporation; and

(17) To issue bonds of the development corporation for the purpose of providing funds for any of its corporate purposes."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.