Report Title:

High Technology Development Corporation

 

Description:

Makes housekeeping amendments to the high technology development corporation law.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1142

TWENTY-FIRST LEGISLATURE, 2001

 

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 201B-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The authority may enter into contracts and agreements that include the following:

(1) Tourism promotion, marketing, and development;

(2) Market development-related research;

(3) Product development and diversification issues;

(4) Promotion, development, and coordination of sports-related activities and events;

(5) Promotion of Hawaii, through a coordinated statewide effort[,] with the high technology development corporation under section 206M-2(4), as a place to do high technology business;

(6) Reduction of barriers to travel;

(7) Tourism public information and educational programs;

(8) Programs to monitor and investigate complaints about the problems resulting from the tourism industry in the State; and

(9) Any and all other activities necessary to carry out the intent of this chapter;

provided that for the purposes of continuity, the Hawaii Visitors and Convention Bureau shall be the designated agency to conduct the marketing and promotion of the State until the end of fiscal year 1998-1999 or until a date specified by the board."

SECTION 2. Section 206M-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The governing body of the development corporation shall consist of a board of directors having [eleven voting] twelve members[.], of which eleven shall be voting members and the twelfth shall be a nonvoting member. The governor shall appoint the nonvoting member from the governor's cabinet or shall designate the special advisor for technology development. Seven of the members shall be appointed by the governor for staggered terms pursuant to section 26-34. Six of the appointed members shall be from the general public and selected on the basis of their knowledge, interest, and proven expertise in, but not limited to, one or more of the following fields: finance, commerce and trade, corporate management, marketing, economics, engineering, and telecommunications, and other high technology fields. The other appointed member shall be selected from the faculty of the University of Hawaii. All appointed members of the board shall continue in office until their respective successors have been appointed. The director of business, economic development, and tourism, the director of finance, an appointed member from the board of the Hawaii strategic development corporation, and an appointed member from the board of the natural energy laboratory of Hawaii authority, or their designated representatives, shall serve as ex officio voting members of the board. The director of business, economic development, and tourism shall serve as the chairperson until such time as a chairperson is elected by the board from the membership. The board shall elect such other officers as it deems necessary."

SECTION 3. Section 206M-2.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The board shall be exempt from section [26-35(4) and (5).] 26-35(1), (4), (5), and (6)."

SECTION 4. Section 206M-3, 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 powers to:

(1) Sue and be sued;

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

(3) Make and execute, enter into, amend, supplement, and carry out contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter, including, with the approval of the governor, a project agreement, or an amendment or supplement to an existing project agreement, with a qualified person, and to enter into and carry out any agreement whereby the obligations of a qualified person under a project agreement shall be unconditionally guaranteed or insured by, or the performance thereof assigned to, or guaranteed or insured by, a person or persons other than the qualified person; and extend or renew any project agreement or any other agreement related thereto; provided that any such renewal or extension shall be subject to the approval of the governor unless made in accordance with provisions for the extension or renewal contained in a project agreement or related agreement theretofore approved by the governor;

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

(5) Adopt rules under chapter 91 necessary to effectuate this chapter in connection with industrial parks, projects, multi-project programs, and the operations, properties, and facilities of the development corporation;

(6) Through its chief executive officer, appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapters 76 and 77;

(7) Prepare or cause to be prepared development plans for industrial parks;

(8) 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;

(9) Acquire, construct, improve, install, equip, or develop or provide for the acquisition, construction, improvement, installation, equipping, or development of any project and designate a qualified person as its agent for such purpose;

(10) Own, hold, assign, transfer, convey, exchange, lease, sublease, or encumber any project;

(11) Arrange or initiate appropriate action for the planning, replanning, opening, grading, or closing of streets, roads, roadways, alleys, easements, or other places, the furnishing of improvements, the acquisition of property or property rights, or the furnishing of property or services in connection with an industrial park or project;

(12) Prepare, or cause to be prepared, plans, specifications, designs, and estimates of cost for the acquisition, construction, reconstruction, improvement, installation, equipping, development, or maintenance of any project or industrial park, and from time to time modify the plans, specifications, designs, or estimates;

(13) Engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

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

(15) Accept and expend gifts or grants in any form from any public agency or from any other source;

(16) Issue special purpose revenue bonds and refunding special purpose revenue bonds pursuant to and in accordance with this chapter in principal amounts as may be authorized from time to time by law to finance or refinance the cost of a project, singly or as part of a multi-project program, or an industrial park as authorized by law and provide for the security thereof as permitted by this chapter;

(17) Lend or otherwise apply the proceeds of the bonds issued for a project or an industrial park either directly or through a trustee to a qualified person for use and application by the qualified person in the acquisition, construction, improvement, installation, equipping, or development of a project or industrial park, or agree with the qualified person whereby any of these activities shall be undertaken or supervised by that qualified person or by a person designated by the qualified person;

(18) As security for the payment of the principal of, premium, if any, and interest of the special purpose revenue bonds issued for a project to:

(A) Pledge, assign, hypothecate, or otherwise encumber all or any part of the revenues and receipts derived or to be derived by the development corporation under the project agreement for the project for which the bonds are issued;

(B) Pledge and assign the interest and rights of the development corporation under the project agreement or other agreement with respect to the project or the special purpose revenue bonds;

(C) Pledge and assign any bond, debenture, note, or other evidence of indebtedness received by the development corporation with respect to the project; or

(D) Any combination of the foregoing;

(19) With or without terminating a project agreement, exercise any and all rights provided by law for entry and reentry upon or take possession of a project at any time or from time to time upon breach or default by a qualified person under a project agreement, including any action at law or in equity for the purpose of effecting its rights of entry or reentry or obtaining possession of the project or for the payments of rentals, user taxes, or charges, or any other sum due and payable by the qualified person to the development corporation pursuant to the project agreement;

(20) Enter into arrangements with qualified county development entities whereby the board would provide financial support to qualified projects proposed;

(21) Create an environment in which to support high technology economic development, including but not limited to:

(A) Supporting all aspects of technology-based economic development;

(B) Developing instructive programs, identifying issues and impediments to the growth of high technology industry in Hawaii; and

(C) Providing policy analysis and information important to the development of high technology industries in Hawaii;

(22) Develop programs that support start-up and existing high technology companies in Hawaii and attract new companies to relocate to or establish operations in Hawaii by assessing the needs of these companies and providing the physical and technical infrastructure to support their operations;

(23) Coordinate its efforts with other public and private agencies involved in stimulating technology-based economic development in Hawaii, including but not limited to:

(A) The department of business, economic development, and tourism;

(B) The Pacific international center for high technology research; and

(C) The office of technology transfer and economic development of the University of Hawaii;

(24) Promote and market Hawaii as a site for commercial high technology activity, including the expenditure of funds for protocol purposes, including board, promotion, marketing, and business development purposes at the discretion of the board;

(25) Provide advice on policy and planning for technology-based economic development;

(26) Finance, invest, conduct, or cooperate in financing or conducting technological, business, financial, or other investigations that are related to or likely to lead to business, technology, and economic development by making and entering into contracts and other appropriate arrangements, including the provision of loans, start-up and expansion capital, loan guaranty, loans convertible to equity, equity charged and received by the corporation, and other forms of assistance;

(27) Solicit, study, and assist in the preparation of business plans and proposals of new or established businesses;

(28) Provide advice, technical and marketing assistance, support, and promotion to enterprises in which investments have been made;

(29) Acquire, hold, and sell qualified securities;

(30) Consent, subject to the provisions of any contract with noteholders or bondholders, whenever the corporation deems it necessary or desirable in the fulfillment of the purposes of this chapter, to the modification, with respect to rate of interest, time of payment of any installment of principal or interest, or any other terms, of any contract or agreement of any kind to which the corporation is a party;

(31) Invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be lawful for fiduciaries in the State; and

(32) Do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this chapter.

(b) The corporation shall be exempt from chapters 102 and 103D."

SECTION 5. Section 206M-15.5, Hawaii Revised Statutes, is amended to read as follows:

"§206M-15.5 High technology special fund. There is established in the state treasury a fund to be known as the high technology special fund, into which shall be deposited, except as otherwise provided by section 206M-17, all moneys, fees, and equity from tenants, qualified persons, or other users of the development corporation's industrial parks, projects, other leased facilities, and other services and publications; provided that the total amount of moneys in the fund shall not exceed [$3,000,000] $5,000,000 at the end of any fiscal year. All moneys in the fund are appropriated for the purposes of and shall be expended by the development corporation for the operation, maintenance, and management of its industrial parks, projects, facilities, services, and publications, and to pay the expenses in administering the special purpose revenue bonds of the development corporation or in carrying out its project agreements[.]; provided that all moneys deposited in the high technology special fund from equity from tenants shall be expended by the development corporation exclusively for its technology programs and projects."

SECTION 6. Section 210-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The total amount of moneys transferred to the state disaster revolving loan fund, the Hawaii capital loan revolving fund, or the Hawaii innovation development fund shall not exceed $1,000,000 for each respective fund within the calendar year. Any transfers to or from the Hawaii technology loan revolving fund shall be approved by the corporation's board of directors. Transfers to the Hawaii technology loan revolving fund shall not require an appropriation by the legislature, but shall be made upon the approval by the corporations' board of directors as provided in this section."

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2001-2002, to fund the position of the governor's special advisor for technology development. The sum appropriated shall be expended by the high technology development corporation for the purposes of this Act.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $225,000, or so much thereof as may be necessary for fiscal year 2001-2002, for marketing and attracting technology companies to Hawaii. The sum appropriated shall be expended by the high technology development corporation for the purposes of this Act.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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