REPORT TITLE:
Dairy Industry


DESCRIPTION:
Appropriates funds for the State to purchase land on the North
Shore devoted to the dairy industry.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1001
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE DAIRY INDUSTRY.



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

 1      SECTION 1.  The board of agriculture is authorized to
 
 2 acquire       acres of real property situated on the North Shore
 
 3 of Oahu to expand the dairy industry in Hawaii by purchase or by
 
 4 exchange with other public land.  The board of agriculture shall
 
 5 select a site and make a determination as to whether a purchase,
 
 6 by appropriation or the sale of bonds as authorized by this Act,
 
 7 or the exchange of land is the best course of action to acquire
 
 8 the land.
 
 9      SECTION 2.  If a land purchase is not executed pursuant to
 
10 this Act, and notwithstanding section 171-50(b), Hawaii Revised
 
11 Statutes, the twentieth legislature approves the land exchange
 
12 involving the subject property located at              and public
 
13 land located at                ; provided that:
 
14      (1)  The public lands shall be of substantially equal "fair
 
15           market" value to the subject property;
 
16      (2)  The "fair market" value of the subject property and the
 
17           public land shall be separately determined by a
 
18           disinterested qualified appraiser or appraisers, and
 
19           the cost shall be borne equally between the landowner
 

 
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 1           of the subject property and the board of agriculture;
 
 2      (3)  In determining the "fair market" value, the state land
 
 3           shall be appraised as             (land classification)
 
 4           and the subject property shall be appraised as
 
 5                          (land classification); and
 
 6      (4)  No payment by the State shall be required should the
 
 7           subject property exceed the value of the public land,
 
 8           but any difference in value of the public land over the
 
 9           subject property shall be paid to the State at the time
 
10           of the exchange; provided that no exchange shall be
 
11           made should the public land exceed one hundred twenty
 
12           per cent of the value of the subject property.
 
13      SECTION 3.  If a land purchase is not executed pursuant to
 
14 this Act, and notwithstanding section 171-50(c), Hawaii Revised
 
15 Statutes, the twentieth legislature approves the land exchange
 
16 involving the subject property and the public land in
 
17             (location); provided that an exchange deed is
 
18 executed between the parties which contains the following:
 
19      (1)  The location and area of the parcel of land to be
 
20           exchanged;
 
21      (2)  The value of the lands to be conveyed by the State and
 
22           the subject property;
 
23      (3)  The name or names of the appraiser or appraisers; and
 

 
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 1      (4)  The date of the appraisal which shall not be more than
 
 2           six months prior to the date of final approval of the
 
 3           exchange by the board of agriculture.
 
 4      SECTION 4.  If a land exchange is not executed pursuant to
 
 5 this Act, and the board of agriculture determines that a purchase
 
 6 of the subject land using general obligation bonds is the best
 
 7 course of action, the director of finance is authorized to issue
 
 8 general obligation bonds in the sum of $        , or so much
 
 9 thereof as may be necessary, for fiscal year 1999-2000, and the
 
10 same sum, or so much thereof as may be necessary, is authorized
 
11 for fiscal year 2000-2001, for the purchase of the subject land.
 
12      SECTION 5.  If a land exchange is not executed pursuant to
 
13 this Act, and the board of agriculture determines that a purchase
 
14 of the subject land using general funds is the best course of
 
15 action, there is appropriated out of the general revenues of the
 
16 State of Hawaii the sum of $        , or so much thereof as may
 
17 be necessary for fiscal year 1999-2000, and the same sum, or so
 
18 much thereof as may be necessary, is authorized for fiscal year
 
19 2000-2001, for the purchase of the subject land.
 
20      SECTION 6.  The appropriations authorized in this Act shall
 
21 not lapse at the end of the fiscal biennium for which the
 
22 appropriation is made; provided that all appropriations that are
 
23 unencumbered as of June 30, 2002, shall lapse as of that date.
 

 
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 1      SECTION 7.  The sums appropriated shall be expended by the
 
 2 department of land and natural resources for the purposes of this
 
 3 Act.
 
 4      SECTION 8.  This Act shall take effect on July 1, 1999.
 
 5 
 
 6                           INTRODUCED BY:  _______________________