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HOUSE OF REPRESENTATIVES

H.B. NO.

1128

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE HIGH TECHNOLOGY DEVELOPMENT CORPORATION.

 

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

SECTION 1. Section 206M-3(a), Hawaii Revised Statutes, gives the high technology development corporation powers to acquire, own, lease, hold, clear, improve, and rehabilitate real, personal, or mixed property and assign, exchange, transfer, convey, lease, sublease, or encumber any project, including by way of easements. Chapter 171, Hawaii Revised Statutes, provides, among other things, that public lands shall be managed, administered, and controlled by the department of land and natural resources, unless the lands are specifically exempted by section 171-2, Hawaii Revised Statutes. Section 171-2 does not exempt the lands held by the high technology development corporation from chapter 171. This Act amends section 171-2, Hawaii Revised Statutes, by specifically exempting the lands held by the high technology development corporation from chapter 171, Hawaii Revised Statutes, pursuant to the legislature’s intent when it created section 206M-3(a).

SECTION 2. Section 171-2, Hawaii Revised Statutes, is amended to read as follows:

"§171-2 Definition of public lands. "Public lands" means all lands or interest therein in the State classed as government or crown lands previous to August 15, 1895, or acquired or reserved by the government upon or subsequent to that date by purchase, exchange, escheat, or the exercise of the right of eminent domain, or in any other manner; including submerged lands, and lands beneath tidal waters which are suitable for reclamation, together with reclaimed lands which have been given the status of public lands under this chapter, except:

    1. Lands designated in section 203 of the Hawaiian Homes Commission Act, 1920, as amended;
    2. Lands set aside pursuant to law for the use of the United States;
    3. Lands being used for roads and streets;
    4. Lands to which the United States relinquished the absolute fee and ownership under section 91 of the Hawaiian Organic Act prior to the admission of Hawaii as a state of the United States unless subsequently placed under the control of the board of land and natural resources and given the status of public lands in accordance with the State Constitution, the Hawaiian Homes Commission Act, 1920, as amended, or other laws;
    5. Lands to which the University of Hawaii holds title;
    6. Lands to which the housing and community development corporation of Hawaii in its corporate capacity holds title;
    7. Lands to which the Hawaii community development authority in its corporate capacity holds title;
    8. Lands to which the department of agriculture holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167;
    9. Lands which are set aside by the governor to the Aloha Tower development corporation; lands leased to the Aloha Tower development corporation by any department or agency of the State; or lands to which the Aloha Tower development corporation holds title in its corporate capacity; [and]
    10. Lands to which the agribusiness development corporation in its corporate capacity holds title[.]; and

(11) Lands to which the high technology development corporation in its corporate capacity holds title."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST