Bill Text: HI SB1370 | 2021 | Regular Session | Introduced
Bill Title: Relating To An Airfield Authority.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2021-02-01 - Re-Referred to TRS, WAM. [SB1370 Detail]
Download: Hawaii-2021-SB1370-Introduced.html
THE SENATE |
S.B. NO. |
1370 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to an airfield authority.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature
finds that Kawaihapai Airfield, also known as Dillingham
Airfield, serves a critical role to both the city and county of
Honolulu and the state of Hawaii and that the commercial use of this airfield
benefits the state and its citizens.
In 2020, the department of
transportation terminated its lease of the airfield, effective mid-2021. The department
cited increasing safety incidents and liability concerns as their primary reason,
while also noting an annual operating loss of one million dollars by the airfield.
However, when considering the positive economic impact of the airfield and the
tax revenues generated by that activity, it provides a net benefit to the
State.
The legislature further finds that Kawaihapai offers a singularly unique venue for many businesses, and its closure will force these businesses to shut down. These losses will further compound the economic problems brought on by COVID-19 and further delay recovery for the state. If an alternative organization does not take over responsibilities for operating the airfield it will close, which will mean putting one hundred thirty individuals out of work and the end of an economic driver in the State.
The Legislature further finds
that the U.S. Army as the legal owner of the airfield has shown no interest in taking
over these responsibilities. It is the purpose of this bill to create a state agency
which will avoid the closure of this facility to residents and commercials enterprises.
This act shall be known and may be cited as the "Save Dillingham
Airfield Act."
SECTION 2. The Hawaii Revised Statutes is amended by adding a
new chapter to be appropriately designated and to read as follows:
CHAPTER
KAWAIHAPAI AIRPORT AUTHORITY
PART I. GENERAL PROVISIONS
§ -1 Definitions. As used in this chapter:
"Aircraft" shall have the same meaning as defined in section 261-1.
"Air navigation facility" shall have the same meaning as defined in section 261-1.
"Airport" shall have the same meaning as defined in section 261-1.
"Airport revenue" means all moneys paid into the airfield revenue fund pursuant to section 261-5(a).
"Airfield authority" or "authority" means the Kawaihapai airfield authority established by this chapter.
"Chief executive officer" means the chief executive officer of the Kawaihapai airfield authority.
§ -2 Airfield
Authority; establishment; board; members; chief executive officer. (a)
There is established the Kawaihapai airfield authority to:
(1) Develop and
implement management structures, policies, and procedures based on
airfield industry best practices;
(2) Efficiently
develop, manage, operate, and maintain Kawaihapai Airfield.
(b) The powers of the Kawaihapai
airfield authority shall be vested in and exercised by a board of directors
that shall consist of five voting members, provided that:
(1) The members shall
be appointed by the governor as provided in section 26-34, except as provided
by this section;
(2) One member shall
be appointed by the governor from a list of names submitted for each
appointment by the House of Representatives member representing House District
45, and one member shall be appointed by the governor from a list of names
submitted for each appointment by the Senate member representing Senate
District 23; provided that each list of names shall contain at least three names
and shall include two names that qualify to fill any county specific vacancy,
as appropriate; and
(3) Notwithstanding
the state residency provisions of section 78-1(b), there shall be no more
than one member who is a non-resident of the State on the board at any
time.
(c) Members shall have
relevant business and management experience, including experience in one
or more of the following disciplines: financial planning, budgeting,
hospitality, tourism, commercial development, construction, marketing, law,
aviation, non-aviation airfield business, or the cultural traditions and
practices of native Hawaiians. It is the intent of the legislature that
there shall be, as far as practicable, a wide cross-section of these
disciplines represented by the board.
(d) Members shall be
appointed by the governor for terms of four years. Notwithstanding section
26-34(a) and (b), all members of the board shall continue in office until their respective
successors have been appointed, provided that no member shall serve more
than eight consecutive years.
(e) No board member
appointed under this section shall be an officer or employee of the State or a
county.
(f) Each board member shall
serve without compensation, but shall be reimbursed for necessary
expenses, including travel expenses, incurred in the performance of their
duties.
(g) The board of directors
of the airfield authority shall appoint a single executive to be known as
the chief executive officer of the Kawaihapai airfield authority, who shall:
(1) Not be a member of
the board;
(2) Be exempt from
chapters 76 and 89; and
(3) Receive a salary
fixed by the board.
(h) The chief executive
officer:
(1) Shall be selected
based on criteria approved by the board, including a professional airport
management credential, 3-5 years of airport management
experience at a general aviation airport, experience managing active FAA
Airport Improvement Program (AIP) projects, and management of capital programs;
(2) Shall
be appointed by an affirmative vote of not less than two members of the
board;
(3) Shall be employed
subject to a formal contract, the terms of which shall be approved by the
board, provided that the terms shall include provisions for the removal of
the chief executive officer whether with or without cause;
(4) May be removed
from office only by a vote of not less than two members of the board,
provided that the basis for removal is consistent with the terms of the
chief executive officer's employment contract;
(5) Shall have the powers
as described in this chapter and as may be delegated by the board;
(6) Shall, except when
excused by the board, attend all meetings of the board, keep a record of the
proceedings, and maintain and be the custodian of the official seal of
the authority and all books records, documents, and papers filed with the
authority;
(7) Shall direct and
supervise the authorities administrative and operational affairs in accordance
with the directives of the board;
(8) Shall approve all
accounts for salaries and allowable expenses of the authority; and
(9) Shall do all
things necessary, as directed by the board, to carry out the powers and
duties conferred upon the authority by this chapter.
(i) Upon the vacancy of the
position of the chief executive officer, the board of directors shall designate
a deputy executive officer or other employee of the authority to serve as
the chief executive officer of the authority until the vacancy is filled
by the board. This interim chief executive officer shall have all the
powers and responsibilities, and receive the salary, of the chief
executive officer.
(j) The number of members
of the board necessary to constitute a quorum to do business shall be two
members, and unless specified elsewhere in this chapter, the concurrence
of two members of the board shall be necessary to make any action
of the board valid.
§ -3 Powers; generally.
(a) The Kawaihapai airfield authority, by and through its board of directors:
(1) Shall exercise power and control over Kawaihapai Airfield, air navigation facilities, buildings, and other facilities that the authority is responsible for managing, operating, or controlling under this chapter.
(2) Shall provide as
appropriate for the landing, taking off, and servicing of aircraft, and the
loading and unloading of passengers and cargo at all airfields under the
control of the authority;
(3) Shall ensure that
appropriate mission statements, business plans, minimum development
standards, and strategic goals are established and that progress towards
their accomplishment is regularly assessed and reported;
(4) Shall develop an
organization and management structure to best accomplish the goals of the Kawaihapai
airfield authority;
(5) Shall have an
official seal and may alter the official seal at its pleasure;
(6) May make, execute,
or assume contracts, leases, and all other instruments necessary or convenient
for the exercise of its powers and functions under this chapter.
(7) Shall establish
by-laws for its organization and internal management;
(8) Shall adopt rules pursuant
to chapter 91 as necessary to implement this chapter.
(9) Shall prepare and
adopt the authorities operating and capital improvement budgets;
(10) May own, purchase,
lease, exchange, or otherwise acquire property, whether real, personal, or
mixed, tangible or intangible, and any interest therein, in the
name of the authority, and may assign, exchange, transfer, convey, lease,
sublease, or encumber the same or any project, improvement, or facility
related thereto; provided that the lands to which the authority
holds title shall not be subject to chapter 171; provided further that any sale,
gift, or exchange of real property shall be subject to the terms,
conditions, and restrictions applicable to the sale, gift, or exchange of
public lands in section 171-50 and 171-64.7; provided further that any
lease, sublease permit, or other encumbrance for any real property shall
be issued in accordance with administrative rules adopted by the
authority pursuant to chapter 91;
(11) May procure insurance
against any loss in connection with its property and other assets and
operations, in amounts and from insurers as it deems desirable; or provide for
self-insurance;
(12) May accept and
receive gifts or grants in any form from any person, public entity, or source
provided that the grants and gifts shall be used for airfield authority purposes;
(13) Shall take all
actions necessary under emergencies declared by the governor;
(14) Shall fix, impose,
prescribe, and collect rates, rentals, fees, or charges for the lease,
use, and services of its airfield facilities at least sufficient to pay
the costs of operation, maintenance, and repair, if any, and the required
payments of the principal of and interest on all bonds, notes, or
other obligations issued or assumed by the airfield authority and reserves
therefor; provided that the rates, rentals, fees, or charges are established at
an open meeting subject to the requirements of chapter 92;
(15) May allot any and
all airfield revenue and issue revenue bonds, refunding revenue bonds, special facility
revenue bonds, bond anticipation notes, and other lawfully authorized
obligations of the State in its name and secured by the revenue, or user
taxes, or any combination of both, of an undertaking or loan
program pursuant to chapter 39, but not in excess of the principal
amounts as are necessary for its purposes;
(16) May invest and
secure its moneys;
(17) May exercise the
power of eminent domain pursuant to chapter 101 and in accordance with sections
261-31 to 261-36, to acquire real property for the authority with which to
carry out this chapter.
(18) Shall establish
and maintain an appropriate system of accounts for the authority; and
(19) May do any and all
things necessary to exercise the powers and perform the duties conferred
upon the authority by this chapter.
(b) The airfield authority
may sue and be sued in its corporate name. Notwithstanding any other law
to the contrary, all claims arising out of the acts or omissions of the airfield authority
or the members of its board, its officers, or its employees, including claims
permitted against the State under chapter 661, part I, and claims for
torts permitted against the State under chapter 662, may be brought only
pursuant to this section and only against the airfield authority.
However, the airfield authority shall be subject to suit only in the
manner provided for suits against the State, including section 661-11. All
defenses available to the State, as well as all limitations on actions
against the State, shall be applicable to the airfield authority.
(1) The board of
directors, upon the advice of its attorney, may arbitrate, compromise, or
settle any claim, action, or suit brought against the airfield authority
pursuant to this section. Any claim compromised or settled under this
subsection shall be payable solely from the moneys and property of the
airfield authority and shall not constitute a general obligation of the
state or be secured directly or indirectly by the full faith and credit of the
state or the general credit of the state or by any revenue or taxes
of the state. Nothing in this subsection shall preclude the board of directors
from requesting legislative appropriations to fund the settlement of any claim
or judgment against the airfield authority or its officers, employees, or agents.
(2) Rights and
remedies conferred by this section shall not be construed to authorize any
other claim, suit, or action against the State. In addition, a judgment,
compromise, or settlement in an action brought against the airfield authority
under this section shall constitute a complete bar to any action brought by the
claimant, by reason of the same subject matter, against the state or an officer
or employee of the airfield authority.
(c) The authority shall be
a "jurisdiction" and an "appointing authority" under
chapter 76 and an "appointing authority" and an "appropriate
authority" for those of its officers and employees who are excluded employees
under chapter 89C. In addition to its chief executive officer, the
authority may employ executive officers, including a chief procurement
officer, appointed by the chief executive officer who are qualified to
fill positions established in the bylaws of the authority adopted by the
board of directors, to perform functions and exercise powers assigned by
the bylaws or delegated by the board or the chief executive officer.
The other executive officers of the authority, and up to seven
additional specially qualified employees appointed by the chief executive
officer shall be exempt from chapters 76 and 89. All other persons
employed by the authority shall be subject to chapters 76 and 89, and
rules adopted to implement those provisions, unless expressly exempted
from the civil service under chapter 76 or excluded from collective bargaining
under chapter 89. The officers and personnel of the authority shall be
included in all benefit programs applicable to officers and employees of
the State.
(d) The authority and its
corporate existence shall continue until terminated by law; provided that
no termination shall take effect as long as bonds or other obligations
issued or assumed by the authority are outstanding, unless adequate
provision has been made for the payment or satisfaction thereof.
Upon termination of the
existence of the authority, all of the rights and properties of the
authority then remaining shall pass to and vest in the State in the manner
prescribed by law.
PART II. BUDGET AND FINANCE
§ -4 Fiscal provisions. (a)
The authorities board of directors shall establish guidelines for
preparing the authorities annual operating and capital improvement
budget proposals that take into account anticipated receipts, surpluses,
reserves, and funds from any other source, on deposit in or available for
deposit into any special or revolving fund that the legislature may
establish for the authority.
(b) The authority shall submit its biennium and supplemental
operating and capital improvement budget proposals to the department of business, economic development & tourism, which shall
transmit those budget proposals to the governor.
(c) Along with its budget proposals, the authority shall
provide an annual report of the income to and the expenditures from any
special or revolving fund administered by the authority. The authority
shall provide a copy of its
annual report to the legislature at least twenty days prior to the
convening of each regular session.
(d) The supporting documents for each budget proposal shall
include the annual report, but need not include any other information,
except when state general funds are requested.
(e) Notwithstanding sections 37-71 and 37-72, the governor
shall include in the executive budget one lump sum for each means or source
of funds for the authorities operating and capital budget proposals in
the amounts specified in the budget proposals transmitted to the governor
by the department of business, economic development & tourism pursuant to
subsection (b).
(f) The legislature shall appropriate one lump sum for each
means or source of funding for the authorities operating budget and for
the authority's capital budget.
§ -5 Budget oversight. The authorities operating and capital improvement budgets shall
not be subject to review or approval by the governor or any agency of the executive branch, except
where state general funds are requested.
§ -6 Accounts; depositories.
Appropriations for the authority shall not be subject to any allotment system
or requirements. The director of finance shall notify the authority
and comptroller that all of the appropriations for the authority for the
fiscal year have been allotted and are available for expenditure as soon
as possible, and in no event more than three business days, after the
general or supplemental appropriation act is effective.
§ -7 Expenditures in excess of appropriations. If in any fiscal year the amount of revenues deposited into
special funds established for the authority exceeds the amount appropriated
from that fund for that year, the board of directors of the authority may
approve expenditures in excess of the amount appropriated, up to the amount by
which revenues for that fund exceed the appropriations from that fund for
a fiscal year.
§ -8 Issuance of bonds. On an
annual basis, and upon request of the authority, the legislature shall
authorize one lump sum for each means or source of funds for each of
the following types of bonds to be issued by the authority: revenue
bonds, refunding revenue bonds, and special facility revenue bonds.
§ -9 Audits. The state
auditor shall conduct management and financial audits of the authority for
fiscal year 2023 and every second year thereafter."
SECTION 3. Section 26-19, Hawaii Revised Statutes,
is amended to read as follows:
"§26-19 Department of transportation. The department of transportation shall be headed by a
single executive to be known as the director of transportation. The department
shall establish, maintain, and operate transportation facilities of the
State, including highways, airfields, harbors, and such other transportation
facilities and activities, other than Kawaihapai airfield authority, as
may be authorized by law.
The department shall plan, develop, promote, and
coordinate various transportation systems management programs that
shall include, but not be limited to, alternate work and school
hours programs, bicycling programs, and ridesharing programs.
The department shall develop and promote
ridesharing programs which shall include but not be limited to, carpool
and vanpool programs, and may assist organizations interested in
promoting similar programs, arrange for contracts with private
organizations to manage and operate these programs, and assist in the
formulation of ridesharing arrangements. Ridesharing programs include informal
arrangements in which two or more persons ride together in a motor
vehicle.
[The functions and authority heretofore exercised
by the department of public works with respect to highways are transferred
to the department of transportation established by this chapter.
On July 1, 1961, the Hawaii aeronautics commission,
the board of harbor commissioners and the highway commission shall be abolished
and their remaining functions, duties, and powers shall be transferred to the department of transportation.]"
SECTION 4. Section 28-8.3, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a)
to read:
"(a) No department of
the State other than the attorney general may employ or retain any
attorney, by contract or otherwise, for the purpose of representing the
State or the department in any litigation, rendering legal counsel to
the department, or drafting legal documents for the department;
provided that the foregoing provision shall not apply to the employment or
retention of attorneys:
(1) By the public
utilities commission, the labor and industrial relations appeals board, and the
Hawaii labor relations board;
(2) By any court or
judicial or legislative office of the State; provided that if the attorney
general is requested to provide representation to a court or judicial
office by the chief justice or the chief justice's designee, or to a
legislative office by the speaker of the house of representatives and the
president of the senate jointly, and the attorney general declines to
provide such representation on the grounds of conflict of interest, the attorney
general shall retain an attorney for the court, judicial, or legislative
office, subject to approval by the court, judicial, or legislative office;
(3) By the legislative
reference bureau;
(4) By any compilation
commission that may be constituted from time to time;
(5) By the real estate
commission for any action involving the real estate recovery fund;
(6) By the contractors
license board for any action involving the contractors recovery
fund;
(7) By the office of
Hawaiian affairs;
(8) By the department
of commerce and consumer affairs for the enforcement of violations of chapters
480 and 485A;
(9) As grand jury counsel;
(10) By the Hawaii health systems commission, or its regional system boards, or any of their facilities;
(11) By the
auditor;
(12) By the office of
ombudsman;
(13) By the insurance
division;
(14) By the University of Hawaii;
(15) By the Kahoolawe
island reserve commission;
(16) By the division of
consumer advocacy;
(17) By the office of
elections;
(18) By the campaign spending commission;
(19) By the Hawaii
tourism authority, as provided in section 201B-2.5;
(20) By the division of
financial institutions;
(21) By the office of
information practices; [or]
(22) By the Kawaihapai
airfield authority; or
[(22)](23) By
a department, if the attorney general, for reasons deemed by the attorney
general to be good and sufficient, declines to employ or retain an
attorney for a department; provided that the governor waives the
provision of this section."
2. By amending subsection
(c) to read:
"(c) Every attorney
employed by any department on a full time basis, except an attorney employed by
the public utilities commission, the labor and industrial relations
appeals board, the Hawaii labor relations board, the office of
Hawaiian affairs, the Hawaii health systems commission or its
regional system boards, the department of commerce and consumer affairs
in prosecution of consumer complaints, insurance division, the division
of consumer advocacy, the University of Hawaii, the Hawaii tourism
authority as provided in section 201B-2.5, the office of information practices,
the Kawaihapai airfield authority, or as grand jury
counsel, shall be a deputy attorney general."
SECTION 5. Section 76-11,
Hawaii Revised Statutes, is amended by amending the definition of
"jurisdiction" to read as follows:
""Jurisdiction"
means the State, the city and county of Honolulu, the county of Hawaii,
the county of Maui, the county of Kauai, the judiciary, the department of
education, the University of Hawaii, the Kawaihapai airfield
authority, and the Hawaii health systems authority."
SECTION 6. Section 76-16, Hawaii Revised Statutes,
is amended by amending subsection (b) to read as follows:
"(b) The civil service to which this chapter
applies shall comprise all positions in the State now existing or
hereafter established and embrace all personal services performed for the State,
except the following:
(1) Commissioned and
enlisted personnel of the Hawaii National Guard as such, and positions in
the Hawaii National Guard that are required by state or federal laws or
regulations or orders of the National Guard to be filled from those
commissioned or enlisted personnel;
(2) Positions filled
by persons employed by contract where the director of human resources
development has certified that the service is special or unique or is
essential to the public interest and that, because of circumstances
surrounding its fulfillment, personnel to perform the service cannot be
obtained through normal civil service recruitment procedures. Any such contract
may be for any period not exceeding one year;
(3) Positions that
must be filled without delay to comply with a court order or decree if the
director determines that recruitment through normal recruitment civil service
procedures would result in delay or noncompliance, such as the
Felix-Cayetano consent decree;
(4) Positions filled by
the legislature or by either house or any committee thereof;
(5) Employees in the
office of the governor and office of the lieutenant governor, and household
employees at Washington Place;
(6) Positions filled
by popular vote;
(7) Department heads,
officers, and members of any board, commission, or other state agency whose
appointments are made by the governor or are required by law to be confirmed
by the senate;
(8) Judges, referees,
receivers, masters, jurors, notaries public, land court examiners, court
commissioners, and attorneys appointed by a state court for a
special temporary service;
(9) One bailiff for
the chief justice of the supreme court who shall have the powers and duties of
a court officer and bailiff under section 606-14; one secretary or clerk for
each justice of the supreme court, each judge of the intermediate
appellate court, and each judge of the circuit court; one secretary for
the judicial council; one deputy administrative director of the courts; three
law clerks for the chief justice of the supreme court, two law clerks for
each associate justice of the supreme court and each judge of the
intermediate appellate court, one law clerk for each judge of the circuit
court, two additional law clerks for the civil administrative judge of
the circuit court of the first circuit, two additional law clerks
for the criminal administrative judge of the circuit court of the first
circuit, one additional law clerk for the senior judge of the family court
of the first circuit, two additional law clerks for the civil motions
judge of the circuit court of the first circuit, two additional law clerks for
the criminal motions judge of the circuit court of the first circuit, and two
law clerks for the administrative judge of the district court of the
first circuit; and one private secretary for the administrative
director of the courts, the deputy administrative director of the
courts, each department head, each deputy or first assistant, and each
additional deputy, or assistant deputy, or assistant defined in paragraph(16);
(10) First deputy and
deputy attorneys general, the administrative services manager of the department
of the attorney general, one secretary for the administrative services manager,
an administrator and any support staff for the criminal and
juvenile justice resources coordination functions, and law
clerks;
(11) (A) Teachers,
principals, vice-principals, complex area superintendents, deputy and assistant
superintendents, other certificated personnel, not more than twenty
noncertificated administrative, professional, and technical personnel not
engaged in instructional work;
(B) Effective July 1,
2003, teaching assistants, educational assistants, bilingual/bicultural school-home
assistants, school psychologists, psychological examiners, speech pathologists, athletic health care
trainers, alternative school work study assistants, alternative
school educational/supportive services specialists, alternative school project
coordinators, and communications aides in the department of education;
(C) The special
assistant to the state librarian and one secretary for the special
assistant to the state librarian; and
(D) Members of the
faculty of the University of Hawaii, including research workers, extension
agents, personnel engaged in instructional work, and administrative,
professional, and technical
personnel of the university;
(12) Employees engaged in
special, research, or demonstration projects approved by the governor;
(13) (A) Positions
filled by inmates, patients of state institutions, persons with severe physical
or mental disabilities participating in the work experience training programs;
(B) Positions filled
with students in accordance with guidelines for established state employment programs;
and
(C) Positions that
provide work experience training or temporary public service employment that
are filled by persons entering the workforce or persons transitioning into
other careers under programs such as the federal Workforce Investment Act of 1998,
as amended, or the Senior Community Service Employment Program of the
Employment and Training Administration of the United States Department of
Labor, or under other similar state programs;
(14) A custodian or
guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;
(15) Positions filled by
persons employed on a fee, contract, or piecework basis, who may lawfully
perform their duties concurrently with their private business or
profession or other private employment and whose duties require only a
portion of their time, if it is impracticable to ascertain or anticipate
the portion of time to be devoted to the service of the State;
(16) Positions of first
deputies or first assistants of each department head appointed under or in
the manner provided in section 6, article V, of the Hawaii State
Constitution; [three] two additional deputies or assistants
either in charge of the highways, harbors, and airfields divisions or
other functions within the department of transportation as may be
assigned by the director of transportation, with the approval of
the governor; four additional deputies in the department of health,
each in charge of one of the following: behavioral health, environmental
health, hospitals, and health resources administration, including other functions
within the department as may be assigned by the director of health, with
the approval of the governor; an administrative assistant to the state librarian;
and an administrative assistant to the superintendent of education;
(17) Positions specifically exempted from this part by any other law; provided that:
(A) Any exemption
created after July 1, 2014, shall expire three years after its enactment unless
affirmatively extended by an act of the legislature; and
(B) All of the
positions defined by paragraph (9) shall be included in the position classification
plan;
(18) Positions in the
state foster grandparent program and positions for temporary employment of
senior citizens in occupations in which there is a severe personnel shortage
or in special projects;
(19) Household
employees at the official residence of the president of the University of
Hawaii;
(20) Employees in the department of education engaged in the supervision of students during meal periods in the distribution, collection, and counting of meal tickets, and in the cleaning of classrooms after school hours on a less than half-time basis;
(21) Employees hired under
the tenant hire program of the Hawaii public housing authority; provided
that not more than twenty-six per cent of the authority's workforce
in any housing project maintained or operated by the authority shall be hired
under the tenant hire program;
(22) Positions of the
federally funded expanded food and nutrition program of the University of
Hawaii that require the hiring of nutrition program assistants who live in
the areas they serve;
(23) Positions filled
by persons with severe disabilities who are certified by the state
vocational rehabilitation office that they are able to perform safely the
duties of the positions;
(24) The sheriff;
(25) A gender and other fairness coordinator hired by the judiciary;
(26) Positions in the
Hawaii National Guard youth and adult education programs;
(27) In the state
energy office in the department of business, economic development, and tourism,
all energy program managers, energy program specialists, energy program
assistants, and energy analysts; [and]
(28) Administrative
appeals hearing officers in the department of human services;
(29) In the Med-QUEST
division of the department of human services, the division administrator,
finance officer, health care services branch administrator, medical
director, and clinical standards administrator;
(30) In the director's
office of the department of human services, the enterprise officer,
information security and privacy compliance officer, security and privacy
compliance engineer, and security and privacy compliance analyst;
and
[[](31)[]] The
Alzheimer's disease and related dementia services coordinator in the
executive office on aging. [.]; and
(32) The chief executive officer of the Kawaihapai airfield authority, all other executive officers the chief executive officer may appoint pursuant to section -3(d), and other positions that the chief executive officer is authorized to fill by appointing specially qualified personnel pursuant to section -3(d).
The director shall determine the applicability of this section to specific positions. Nothing in this section shall be deemed to affect the civil service status of any incumbent as it existed on July 1, 1955."
SECTION 7. Section 89C-1.5, Hawaii Revised Statutes, is amended by amending the definition of "appropriate authority" to read as follows:
""Appropriate
authority" means the governor, the respective mayors, the chief
justice of the supreme court, the board of education, the board of
regents, the state public charter school commission, the Hawaii health systems
commission board, the auditor, the ombudsman, the board of directors
of the Kawaihapai airfield authority, and the director of the
legislative reference bureau. These individuals or boards may make
adjustments for their respective excluded employees."
SECTION 8. Section 103D-102, Hawaii Revised Statutes, is amended
by amending subsection (c) to read as follows:
"(c) Notwithstanding subsection (a), this chapter shall not
apply to contracts made by:
(1) Any regional
system board of the Hawaii health systems commission; [or]
(2) The Kaho‘olawe
island reserve commission, except as provided by section 6K-4.5[.];
or
(3) The Kawaihapai
airfield authority; provided that the airfield authority adopts rules
that meet the requirements of section -3."
SECTION 9. 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 lands accreted after May 20, 2003, and not otherwise
awarded, submerged lands, and lands beneath tidal waters that are suitable for
reclamation, together with reclaimed lands that 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 Hawaii housing finance and
development corporation in its corporate capacity holds title;
(7) Lands to which the Hawaii community
development authority in its corporate capacity holds title;
(8) Lands set aside by the governor to the Hawaii
public housing authority or lands to which the Hawaii public housing authority
in its corporate capacity holds title;
(9) 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;
(10) Lands that 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;
(11) Lands that are set aside by the governor to
the agribusiness development corporation; lands leased to the agribusiness
development corporation by any department or agency of the State; or lands to
which the agribusiness development corporation in its corporate capacity holds
title;
(12) Lands to which the Hawaii technology
development corporation in its corporate capacity holds title; [and]
(13) Lands to which the department of education
holds title; and
(14) Lands to which
the Kawaihapai airfield authority holds title;
provided that, except as otherwise limited under
federal law and except for state land used as an airport as defined in section
262-1, public lands shall include the air rights over any portion of state land
upon which a county mass transit project is developed after July 11, 2005[.];
provided further that lands to which the Kawaihapai airfield authority
holds title shall be considered "public lands" for the purpose of
accounting of all receipts from lands that are described in section 5(f) of the
Admission Act, Public Law 86-3, for the prior fiscal year, pursuant to section
5 of Act 178, Session Laws of Hawaii 2006.""
SECTION 10. Section 26-35.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"§26-35.5 Members of boards and
commissions; immunity from or indemnification for civil liability; defense of
members. (a) For purposes of this section,
"member" means any person who is appointed, in accordance with the
law, to serve on a temporary or permanent state board, including members of the
board of education, the governing board of any charter school established under
chapter 302D, council, authority, committee, or commission, established by law
or elected to the board of trustees of the employees' retirement system under
section 88-24, [or] the corporation board of the Hawaii health systems
corporation under section 323F-3 and its regional system boards under section
323F-3.5[;], or members of the Kawaihapai Airfield Authority board;
provided that "member" shall not include any person elected to serve
on a board or commission in accordance with chapter 11.
(b) Notwithstanding any law to the contrary, no member shall be liable in any civil action founded upon a statute or the case law of this State, for damage, injury, or loss caused by or resulting from the member's performing or failing to perform any duty which is required or authorized to be performed by a person holding the position to which the member was appointed, unless the member acted with a malicious or improper purpose, except when the plaintiff in a civil action is the State.
(c) Except as provided in subsections (d) and (f), the State shall indemnify a member from liability by paying any judgment in, or settlement or compromise of, any civil action arising under federal law, the law of another state, or the law of a foreign jurisdiction, including fees and costs incurred, unless the loss, injury, or damage for which the judgment or settlement amount is required to be paid:
(1) Is fully covered by a policy of insurance for civil liability purchased by the State;
(2) Is caused by or is the result of the member's performing an act authorized or required to be performed by a person holding the position to which the member was appointed so as to effect a malicious or improper purpose;
(3) Is caused by or is the result of the member's failure to perform an act required or authorized to be performed by a person holding the position to which the member was appointed so as to effect a malicious or improper purpose.
(d) The State shall not indemnify a member who would otherwise be entitled to indemnification under subsection (c), if the member fails to cooperate fully in the defense of the civil action which is made available to the member under subsection (e). The State shall not indemnify a member for any portion of a judgment that represents punitive or exemplary damages. The State shall not indemnify a member for any portion of a settlement which is deemed unreasonable by the legislature.
(e) The attorney general, or in the case of the board of regents of the University of Hawaii, its university general counsel, or in the case of the board of directors of the Hawaii health systems corporation under section 323F-3 or its regional system boards under [section] 323F-3.5, the attorneys retained by the board of directors of the Hawaii health systems corporation or its regional system boards under section 323F-9, shall represent and defend a member in any civil action for which immunity is conferred under subsection (b), or when the attorney general, or, if the action involves a member of the board of regents, the university general counsel, or, if the action involves a member of the board of directors of the Hawaii health systems corporation or its regional system boards, the attorneys retained by the board of directors of the Hawaii health systems corporation or its regional system boards, determines that indemnification is available to the member under subsection (c), and the member against whom the action is brought has submitted a written request for representation and has provided the attorney general, the university general counsel in the case of an action involving a member of the board of regents, or the attorneys retained by the board of directors of the Hawaii health systems corporation or its regional system boards in the case of an action involving a member of the board of directors of the Hawaii health systems corporation or its regional system boards with all process or complaint served upon the member within a reasonable period of time, but not more than five days after being served with the process or complaint. The attorney general, the university general counsel, or an attorney retained by the board of directors of the Hawaii health systems corporation or its regional system boards may terminate the representation and defense of the member at any time if, after representation and defense is accepted, the attorney general, the university general counsel, or an attorney retained by the board of directors of the Hawaii health systems corporation or one of its regional system boards determines that indemnification would not be available to the member under subsection (c).
(f) A member may retain counsel of the member's own choice at the member's own expense. If the member chooses to retain counsel at the member's own expense, the State shall not indemnify the member even though the member would have been entitled to indemnification under subsection (c). The attorney general, or the university general counsel in the case of a member of the board of regents, may enter an appearance in any action in which the member is represented by counsel of the member's own choice, even though no request for the appearance has been made by the member.
(g) Nothing in this section precludes a member from compromising or settling any claim against the member at the member's own expense. If such a settlement or compromise is effected, however, the member shall be deemed to have waived any claims which the member might have made under this section unless the provisions of subsection (i) apply.
(h) If the attorney general, or the university general counsel in the case of a member of the board of regents, denies representation to the member under subsection (e) and the member proceeds to judgment in the action for which representation was denied, the member may commence an action against the State or the University of Hawaii in the case of a member of the board of regents, in the circuit court to recover reasonable costs and fees incurred by the member in defending against that action, including attorney's fees, court costs, investigative costs, and expert witness fees. The State or the University of Hawaii in the case of a member of the board of regents, shall pay the judgment or reimburse the member if the member has satisfied the judgment in an action for which representation was denied; provided the member was found not liable in that action or the member establishes by a preponderance of the evidence that the member is entitled to indemnification under subsection (c). A finding of negligence against the member in the civil action for which representation was denied shall not be binding upon the circuit court in any action brought under this subsection. The member shall commence any action under this subsection no later than two years after entry of judgment in the action for which the member was denied representation if no appeal is filed, or two years after the conclusion of the final appeal from that judgment if an appeal is filed.
(i) If the attorney general, or the university general counsel in the case of a member of the board of regents, denies representation to the member under subsection (e) and the member negotiates a compromise or settlement without an entry of judgment in the action for which representation was denied, the member may seek to introduce a bill in the legislature to secure an appropriation to reimburse the member for the amount of the settlement or that portion which constitutes a reasonable settlement, and for reasonable costs and fees incurred by the member in defending against that action, including attorney's fees, court costs, investigative costs, and expert witness fees.
(j) Any moneys which the State is required to pay to a member under this section shall be paid from an appropriation made by the legislature at the next session after the requirement to pay inures to the member. The appropriation shall be sufficient to include any post judgment interest which the member was required to pay if the member has personally satisfied the judgment, or at the rate specified in section 478-3 for the period from the entry of judgment for which indemnification is available until the appropriation is enacted if the judgment was not satisfied. Any bill necessary to effect a payment required by subsections (h) and (i) shall be submitted by the member to a legislator; all other bills necessary to effect payments required by this section shall be initiated by the attorney general.
(k) This section shall not be construed as eliminating, waiving, reducing, or limiting any defense, immunity, or jurisdictional bar conferred upon or available to a member or the State by any other statute or by case law."
SECTION 11. Within one hundred eighty days of the
effective date of this Act, the governor shall appoint the members of the board
of directors of the Kawaihapai airfield authority.
SECTION 12. It is the intent of this Act to ensure commercial and private operations continue uninterrupted at Dillingham Airfield. Therefore, the Department of Transportation will extend its lease termination date until such a time as the Kawaihapai Airfield Authority is fully established and operational.
SECTION 13. It is the intent of this Act not to
jeopardize the receipt of any federal aid nor to impair any
existing federal income tax exemption to, security interest of, or
obligation of the State or any agency thereof to the holders of any bonds
or other obligations issued by the State or by any department or agency
of the State, and to the extent, and only to the extent necessary to
effectuate this intent, the governor may modify the strict provisions of
this Act, but shall promptly report any modification with reasons
therefor to the legislature at its next session thereafter for review by
the legislature.
SECTION 14. On or no more than ninety days after the first meeting
of the board, all appropriations, records, equipment, machines, files,
supplies, contracts, books, papers, documents, maps, and other personal
property heretofore made, used, acquired, or held by the department of
transportation relating to the functions transferred to the Kawaihapai
airfield authority shall be transferred with the functions to which they
relate.
SECTION 15. There is appropriated out of the
airfield revenue fund the sum of $100,000 or so much thereof as may
be necessary for fiscal year 2021-2022, to affect the transfer of
functions from the department of transportation to the Kawaihapai airfield
authority required by this Act.
The sum appropriated shall be expended by the Kawaihapai airfield
authority to implement the provisions of this Act.
SECTION 16. If any provision of this Act, or
the application thereof to any person or circumstance, is held
invalid, the invalidity does not affect other provisions or applications
of the Act that can be given effect without the invalid provision or
application, and to this end the provisions of this Act are severable.
SECTION 17. Statutory material to be repealed is
bracketed and stricken. New statutory material is underscored.
SECTION 18. This Act shall take effect on July 1,
2021.
INTRODUCED BY: |
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Report Title:
Dillingham, Kawaihapai, Airfield, Save
Description:
Establishes an independent authority to be called the Kawaihapai Airfield Authority. The intent of this authority is to allow continued use of Kawaihapai airfield for private and commercial use by the state's residents and tourists.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.