SENATE FLOOR AMENDMENT


FLOOR AMENDMENT NO. 14                   DATE: March 9, 1999     

TO:  S.B. No. 646, S.D. 1



     Senate Bill No. 646, S.D. 1, is amended as follows:

     1.  By designating Section 1 on page 1, line 1, as Part I as
follows:
                            "PART I."

     2.  By adding a new Part II, consisting of Sections 2, 3,
and 4, to read as follows:

                            "PART II.

     SECTION 2.  The purpose of this part is to authorize the
Barbers Point naval air station redevelopment commission to
arrange for or provide infrastructure services, including
utilities, roadway maintenance and repair, security, and other
services, that may be required by the owners of properties being
conveyed by the United States Navy under the base realignment and
closure action and to recoup the costs for these services,
including maintenance and administrative costs, from the owners
of the properties, make changes to the composition of the members
of the commission to reflect the recent reorganization of the
city and county of Honolulu administration; and authorize the
commission to establish advisory committees as it deems
appropriate.

     SECTION 3.  Section 206G-3, Hawaii Revised Statutes, is
amended to read as follows:

     "[[]206G-3[]]  Barbers Point Naval Air Station
redevelopment commission; established.  (a)  There is
established within the department of business, economic
development, and tourism, for administrative purposes, the
Barbers Point Naval Air Station redevelopment commission, which
shall be a body corporate and a public instrumentality of the
State for the purpose of implementing this chapter.
     (b)  The purpose of the commission shall be to act as the
local redevelopment authority to facilitate the redevelopment of
Barbers Point Naval Air Station in accordance with the Barbers
Point Naval Air Station community reuse plan.  The commission's
duties shall include but not be limited to:
     (1)  Coordinating with the Navy and other entities during
          the preparation of an environmental impact statement
 
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          and conduct of remediation activities for the Barbers
          Point Naval Air Station community reuse plan;
     (2)  Assisting the landholders designated by the plan in the
          marketing of their properties and the preparation and
          processing of conveyance requests;
     (3)  Assisting the Navy by providing "caretaker services"
          after the closure of Barbers Point Naval Air Station as
          necessary;
     (4)  Working with the Navy and others to ensure that
          infrastructure support is provided to the existing
          developed area, which is referred to as the "downtown
          area" and other federally retained areas;
     (5)  Developing the infrastructure necessary to support the
          implementation of the Barbers Point Naval Air Station
          community reuse plan; and
     (6)  Providing, to the extent feasible, maximum opportunity
          for the reuse of surplus property by private enterprise
          or state and local government.
     (c)  The commission shall consist of fifteen voting members
as follows:
     (1)  The state director of business, economic development,
          and tourism; the chairperson of the board of land and
          natural resources; the adjutant general; the
          chairperson of the Hawaiian homes commission; and the
          director of transportation, or their designated
          representatives, shall serve as ex-officio voting
          members;
     (2)  The county chief planning officer; the director and
          chief engineer of [public works;] facility maintenance;
          the director of [housing and community development;]
          community services; and the director of transportation
          services, or their designated representatives, shall
          serve as ex-officio voting members;
     (3)  Six voting members shall be appointed for staggered
          terms as follows:
          (A)  The governor shall appoint one member from a list
               of three nominees submitted by the chair of the
               Makakilo/Kapolei/Honokai Hale neighborhood board;
          (B)  The governor shall appoint one member from a list
               of three nominees submitted by the chair of the
               Ewa neighborhood board;
          (C)  The governor shall appoint, subject to the advice
               and consent of the senate, two members from the
               general public;
          (D)  The mayor of Honolulu shall select one member from
               the general public; and
          (E)  The Honolulu city council shall select one member
               from the general public.
     (d)  The commission shall select a chairperson and such
other officers as it may deem necessary from among its members.
     (e)  The commander, naval base Pearl Harbor and commanding
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officer, naval air station Barbers Point may serve as non-voting
ex-officio members of the commission.
     (f)  A majority of all voting members shall constitute a
quorum to do business, and the concurrence of a majority of all
voting members shall be necessary to make any action of the
commission valid.  All members shall continue in office until
their respective successors, selected in the same manner and
representing the same community of interest, have been appointed
and qualified.
     (g)  The commission shall hire an executive director for the
commission.  The Hawaii community development authority shall
[make available employees of the authority to staff] assist the
commission as the commission deems necessary.
     (h)  Members appointed under subsection (c) shall serve
without compensation, but each shall be reimbursed for expenses
including travel expenses incurred in the performance of their
duties.
     (i)  The commission may establish advisory committees as it
deems necessary."

     SECTION 4.  Section 206G-4, Hawaii Revised Statutes, is
amended to read as follows:

     "[[]206G-4[]]  Powers; generally.  In its role as the local
redevelopment authority for the redevelopment of the Kalaeloa
community development district, and except as otherwise limited
by this chapter, the commission may:
     (1)  Sue and be sued;
     (2)  Have a seal and alter the same at pleasure;
     (3)  Make and execute contracts and all other instruments
          necessary or convenient for the exercise of its powers
          and functions under this chapter;
     (4)  Make and alter bylaws for its organization and internal
          management;
     (5)  Make rules with respect to its projects, operations,
          properties, and facilities, in conformance with chapter
          91;
     (6)  Through its executive director appoint officers,
          agents, and employees, prescribe their duties and
          qualifications, and fix their salaries, without regard
          to chapters 76 and 77;
     (7)  Acquire, reacquire, or contract to acquire or reacquire
          by grant, lease, or purchase real, personal, or mixed
          property or any interest therein; to own, hold, clear,
          improve, and rehabilitate, and to sell, assign,
          exchange, transfer, convey, lease, or otherwise dispose
          of or encumber the same;
     (8)  Acquire or reacquire by condemnation real, personal, or
          mixed property or any interest therein for public
          facilities, including but not limited to streets,
          sidewalks, parks, schools, utility systems, and other
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          public improvements;
     (9)  By itself, or in partnership with qualified persons,
          acquire, reacquire, construct, reconstruct,
          rehabilitate, improve, alter, or repair or provide for
          the construction, reconstruction, improvement,
          alteration, or repair of any project; own, hold, sell,
          assign, transfer, convey, exchange, lease, or otherwise
          dispose of or encumber any project, and in the case of
          the sale of any project, accept a purchase money
          mortgage in connection therewith; and repurchase or
          otherwise acquire any project which the commission has
          theretofore sold or otherwise conveyed, transferred, or
          disposed of;
    (10)  Arrange or contract for the planning, replanning,
          opening, grading, or closing of streets, roads,
          roadways, alleys, or other places, or for the
          furnishing of facilities or for the acquisition of
          property or property rights or for the furnishing of
          property or services in connection with a project;
    (11)  Grant options to purchase any project or to renew any
          lease entered into by it in connection with any of its
          projects, on such terms and conditions as it deems
          advisable;
    (12)  Prepare or cause to be prepared plans, specifications,
          designs, and estimates of costs for the construction,
          reconstruction, rehabilitation, improvement,
          alteration, or repair of any project, and from time to
          time to modify such plans, specifications, designs, or
          estimates;
    (13)  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)  Contract for and accept gifts [or], grants, utility
          systems, roadway systems, or other improvements in any
          form from any public agency or from any other source;
          [and]
    (15)  Arrange for or provide interim services, including, but
          not limited to, utilities, roadway maintenance and
          repair, security, and other services to the owners of
          properties being conveyed by the Navy under the base
          realignment and closure action; and recoup the costs
          for these services including maintenance and
          administrative costs from the owners of the properties
          in proportion to their use of the services or benefits
          therefrom; and
   [(15)] (16)  Do any and all things necessary to carry out its
          purposes and exercise the powers given and granted in
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          this chapter.""

     3.  By adding a new Part III, consisting of Sections 5, 6,
7, 8, 9, 10, and 11, to read as follows:

                           "PART III.

     SECTION 5.  Chapter 109, Hawaii Revised Statutes, is amended
by adding two new sections to be appropriately designated and to
read as follows:

     "109-     Kapolei recreational sports complex special fund.
There is created a special fund to be known as the Kapolei
recreational sports complex special fund into which funds
appropriated by the legislature, received pursuant to a
management contract under section 109-2(3), or collected by the
authority from the operations of the Kapolei recreational sports
complex shall be deposited subject to contracts entered into
pursuant to section 109-2(3); provided that all funds received
pursuant to this section shall be kept completely separate from
the stadium special fund.  The fund shall be applied, used, and
disposed of for the payment of:
     (1)  The expenses of the operation, maintenance, promotion,
          and management of; and
     (2)  All or a portion of the cost of financing any capital
          improvement project for;
the Kapolei recreational sports complex; provided that all
services required for the Kapolei recreational sports complex
shall be performed by persons hired on contract or otherwise,
without regard for chapters 76 and 77; provided further that the
authority shall report to the legislature all receipts and
expenditures of the Kapolei recreational complex special fund
account twenty days prior to the convening of each regular
session.

     109-     Lost and found money or property at the Kapolei
recreational sports complex.  (a)  All money or property found at
the Kapolei recreational sports complex shall be reported or
delivered by the finder to the complex lost and found, and when
so delivered shall be held by the Kapolei recreational sports
complex management for forty-five days or until claimed by some
person who establishes title or right of custody thereto to the
satisfaction of the management, whichever is shorter.  In the
event of establishment of title or right of custody, the money or
property shall be delivered to the claimant by the management or
the management's agent.  If after forty-five days no claimant
establishes a right to the money or property, the money or
property may be claimed by the person who delivered it to the
complex lost and found; provided that if the person who delivered
it to the complex lost and found fails to claim the money or
property within thirty days after being notified by the
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management, the management shall deposit the money into the state
treasury to the credit of the Kapolei recreational sports complex
special fund or shall dispose of the property by public auction.
     The management shall give public notice, giving details as
to time and place of the auction and giving notice to all persons
interested in claiming the property that unless claims are made
by persons who can provide satisfactory proof of ownership before
a specified date, the property will be sold at public auction to
the highest bidder; provided that if the management considers the
highest bid to be insufficient, the management shall have the
right to decline the sale to the highest bidder and may reoffer
the property at a subsequent public auction.  On the day and at
the place specified in the notice, all property for which no
satisfactory proof of ownership is made shall be sold by auction
by or under the direction of the management.
     (b)  If any property which is of a perishable nature or
which is unreasonably expensive to keep or safeguard remains
unclaimed at the complex, the management may sell that property
at public auction, at a time and after notice that is reasonable
under the circumstances.  If the management determines that any
property delivered to the management pursuant to this section has
no apparent commercial value, the management at any time
thereafter may destroy or otherwise dispose of the property.
     (c)  The management shall deposit into the Kapolei
recreational sports complex special fund all moneys received from
the sale, destruction, or disposition of any property.  No action
or proceeding shall be brought or maintained against the State or
any officer thereof on account of that sale, destruction, or
disposition.  The purchaser of property at any sale conducted by
the management pursuant to this section shall receive good title
to the property purchased and shall take possession of the
property free from any and all claims of the owner, prior owners,
and any person claiming title.
     (d)  For purposes of this section, notice by regular mail to
the last known address of the person who delivered the money or
property to the complex lost and found shall be deemed
sufficient."

     SECTION 6.  Chapter 109, Hawaii Revised Statutes, is amended
by amending the title to read as follows:

             "STADIUMS AND RECREATIONAL FACILITIES"

     SECTION 7.  Section 109-1, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

     "(a)  There shall be within the department of accounting and
general services for administrative purposes only, a stadium
authority whose responsibility shall be to maintain, operate, and
manage the stadium and facilities attached thereto[.] and to
provide for the maintenance, operation, management, and promotion
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of the Kapolei recreational sports complex.  The authority shall
consist of nine members who shall be appointed by the governor in
the manner prescribed by section 26-34.  Each member of the
authority shall have been a citizen of the United States and a
resident of the State for at least five years next preceding the
member's appointment.  The president of the University of Hawaii
and the superintendent of education shall be ex officio members
of the authority but shall not vote."

     SECTION 8.  Section 109-2, Hawaii Revised Statutes, is
amended to read as follows:

     "109-2  Stadium authority; powers and duties.  The powers
and duties of the stadium authority shall be as follows:
     (1)  To maintain, operate, and manage the stadium and
          related facilities[;], and to provide for the
          maintenance, operation, management, and promotion of
          the Kapolei recreational sports complex;
     (2)  To prescribe and collect rents, fees, and charges for
          the use or enjoyment of the stadium or any of its
          facilities;
     (3)  To make and execute contracts and other instruments
          necessary or convenient to exercise its powers under
          this chapter and subject to any limitations in this
          chapter, to exercise all powers necessary, incidental,
          or convenient to carry out and effectuate the purposes
          and provisions of this chapter[;], including entering
          into contracts under chapter 102 or 103D for the
          management of the Kapolei recreational sports complex,
          to include but not be limited to the operation,
          maintenance, and promotion of the complex in a manner
          that is beneficial to both the State and the
          contractor.  These contracts may contain revenue
          sharing incentives based on increased usage of the
          complex;
     (4)  To adopt, amend, and repeal in accordance with chapter
          91 rules it may deem necessary to effectuate this
          chapter and in connection with its projects,
          operations, and facilities;
     (5)  To appoint a manager and a deputy manager who shall
          have such qualifications as the authority deems
          necessary and who shall hold their respective offices
          at the pleasure of the authority.  The manager and
          deputy manager shall be exempt from the requirements of
          chapters 76, 77, and 89.  Effective January 1, 1989,
          and January 1, 1990, the salary of the manager shall be
          set by the governor within the range from $69,748 to
          $74,608 and $72,886 to $77,966 a year, respectively.
          Effective January 1, 1989, and January 1, 1990, the
          salary of the deputy manager shall be $62,854 and
          $65,683 a year, respectively.  The manager shall have
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          full power to administer the affairs of the stadium and
          related facilities, and to provide for a management
          contract for the Kapolei recreational sports complex,
          subject to the direction and approval of the authority.
          The manager shall, subject to the approval of the
          authority, have power to appoint, suspend, and
          discharge a secretary who shall be exempt from the
          requirements of chapters 76, 77, and 89, and such other
          employees, subordinates, and assistants as may be
          necessary for the proper conduct of the business of the
          authority.  Except for persons hired on contract or
          otherwise as provided in section 109-3 and except for
          the manager, deputy manager, and secretary, all
          appointments, suspensions, or discharges shall be made
          in conformity with the applicable provisions of
          chapters 76 and 77; and
     (6)  To plan, promote, and market the stadium [and], its
          related facilities[.], and the Kapolei recreational
          sports complex."

     SECTION 9.  Section 109-3, Hawaii Revised Statutes, is
amended to read as follows:

     "109-3  Stadium special fund.  There is created a special
fund to be known as the stadium special fund into which funds
collected by the authority shall be deposited[.]; provided that
all funds received pursuant to this section shall be kept
completely separate from the Kapolei recreational sports complex
special fund.  The fund shall be applied, used, and disposed of
for the payment of:
     (1)  The expenses of the operation, maintenance, promotion,
          and management of; and
     (2)  All or a portion of the cost of financing any capital
          improvement project for;
the stadium and related facilities; provided that all services
required for the stadium and related facilities shall be
performed by persons hired on contract or otherwise, without
regard for chapters 76 and 77; provided further that the
authority shall report to the legislature all receipts and
expenditures of the stadium special fund account twenty days
prior to the convening of each regular session."

     SECTION 10.  Section 109-5, Hawaii Revised Statutes, is
amended to read as follows:

     "[[]109-5[]]  Security personnel, powers.  The person
employed as the chief security officer by the authority shall
have all of the powers of police officers, including the power of
arrest; provided that such powers shall remain in force and in
effect only while the person is in the actual performance of the
person's duties at the stadium[.] or the Kapolei recreational
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sports complex." 

     SECTION 11.  Section 109-7, Hawaii Revised Statutes, is
amended by amending subsections (b) and (c) to read as follows:

     "(b)  Any person violating any rule of the stadium authority
regulating conduct on the stadium or Kapolei recreational sports
complex premises shall be guilty of a petty misdemeanor
punishable by a fine not exceeding $1,000, or imprisonment not
exceeding thirty days, or both.
     (c)  Any person violating any rule of the stadium authority
regulating parking or traffic on the stadium or Kapolei
recreational sports complex premises shall have committed a
traffic infraction as set forth in chapter 291D, the adjudication
of which shall be subject to the provisions contained therein.""

     4.  By redesignating Sections 2 and 3 as Sections 12 and 13.



Offered by:_____________________       (    ) Carried

                                       (    ) Failed to Carry

                                       (    ) Withdrawn