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Re: Ko Hawaii Pae Aina/Hawaiian Kingdom No. 2011-3055
Protective Orders for Troy Davis, American Innocent
living in Slave State Georgia, U.S. and Friendly Reminders
from a Neutral, Friendly Nation
Greetings President Obama,
I, Amelia Gora, Acting Liaison of Foreign Affairs hereby assign Troy Davis Protective Orders 2011- 3055 from our Royal Families House of Nobles, Ko Hawaii Pae Aina/ Hawaiian Kingdom message also being sent to U.S. President Obama who fails to take care of the lives and safety of Innocents/ Americans, kanaka maoli in the Hawaiian Islands, and in the U.S. as well. I am a Royal person, one of Kamehameha's descendants, heir of King Lunalilo, King Kalakaua, and Queen Liliuokalani - God Bless Innocents.
I, Amelia Gora, am sending you a reminder that rents and leases are due for the use of our families lands, which is called the Crown Lands belonging to the Royal Families, descendants and heirs of Kamehameha, which was wrongfully, criminally claimed through piracy(ies) by terrorists in the Hawaiian Islands supported by U.S. President Benjamin Harrison and all of the Presidents thereafter criminally dubbed the Ceded lands.
Rents and Leases were previously listed as 500 Trillion dollars per year in gold coins retroactive to 1893, but have been informed by other members of our family(es) that the amount due is actually 600 Trillion dollars in gold coins which includes the entire period of 1893 to present.
Our families did file Affidavits/Liens which included the American System of TMK's/ Tax Map Keys as well. The Affidavits/Liens were properly served, notices given, and the State of Hawaii governor Linda Lingle failed to respond to our legal notice(s).
All of this happened before the Supreme Court case.
It appears that all of the information about the Liens in place were not given to the Supreme Court Judge.
Now, the State of Hawaii Attorney General seeks to "expunge" this Lien from the records so that people unrelated to our families, such as Leprechaun sized Neil Abercrombie, and his Mason/Freemason friends including Peter Carlyle can actively assume Private Properties of our Royal Families, which is Not O.K.
Countless letters have been served on the Attorney General's Office, most of which were hand delivered by myself and others since 1995 about the Crown Lands, Frauds, Piracy(ies), and other issues.
Not only are we the Crown Land Owners, but are the Land Owners of Lands criminally claimed by Trustees of the Bernice Pauahi Bishop Estates for I and others are the direct descendants of the documented next of kin Kalola, female cousin of Bernice Pauahi Bishop.
Multiples of claims have been given to the Attorney General's Office and they have failed to make corrections.
I did notice that your ancestor appears to have been listed on a codicil due to her being named as a namesake of Bernice Pauahi - your grandfather's name, the one married to your CEO/Corporate Executive Officer of Bank of Hawaii which was started up by your Joseph Booth family.
Namesakes on the codicil were not related to Bernice Pauahi nor were they related to our families who have multiples of connections to Bernice Pauahi Bishop.
Other Trusts have also been pirated including the Queen Emma's Trusts, Queen Liliuokalani's Trusts, King Lunalilo's Trusts, etc.
Our family now has an active case in a Court that was never granted jurisdiction in Hawaii by Queen Liliuokalani.
Important are the following documents which shows piracy(ies) on the high seas, racketeering, etc. affecting all in the Hawaiian Islands.
Your military is mucking up our Private Properties and the Crown Lands with Depleted Uranium use, toxins, poisons, contaminants which affects all innocents in the Hawaiian Islands, which is not o.k.
Your government needs to 1) pay rents and leases for the use of our families properties; 2) clean up the toxins, contaminants; 3) or vacate from the Pearl Harbor (John Young's families own this area - Grace Kamaikui (one of our ancestors); Mataio Kekuanaoa (another ancestor) who was also the father of Alexander Liholiho/Kamehameha IV; Lot Kamehameha/Kamehameha V, et. als. for failure to pay rents and leases because the Kamehameha Schools Bishop Estates Trustees are not the owners and are NOT related to us.
Lands belonging to our hanai ancestor Kauikeouli/Kamehameha III includes Schofield, Makua, Pohakuloa and other areas that have been contaminated. Cease and Desist from destroying our lands further.
The Hawaiian Kingdom was recognized as an independent nation in 1810 since our ancestor began the Monarchy government.
In 1843, England, France, the U.S., and Belgium recognized the independence of our nation.
Historical research has uncovered the following important documents affecting all in the Hawaiian Islands, and the World today.....this came off of a thread on a discussion about a hate filled bigot named Ken Conklin who supports the perpetuation of fraud, deceit in the Hawaiian Islands today. Leprechaun sized Conklin supports other Leprechauns such as Abercrombie, et. als.:
Amelia Gora, researcher:
Now who are the real history twisters? A good example is the lies perpetuated by the treasonous persons who left the following documents in the Archives showing Queen Liliuokalani's Opposition to Annexation:
vs. The REAL VERSION found at the National Archives by Researcher Kiliwehi Kekumano aka's
https://docs.google.com/leaf?id=0B6Gs4av5Se1wOGJmZjg4MmQtNWRjMS00NT...
https://docs.google.com/leaf?id=0B6Gs4av5Se1wNWVlMTc0MjEtZWZiZS00Y2...
https://docs.google.com/leaf?id=0B6Gs4av5Se1wY2RjYzZmNjQtMjUxYi00Zm...
https://docs.google.com/leaf?id=0B6Gs4av5Se1wNmY2Mzk3ZTctZDEyMy00Yz...
Conklin: "The "Executive Agreements" scam begins with an assertion about what happened in 1893 between Hawaii ex-queen Liliuokalani and the new U.S. President Grover Cleveland. According to his 2008 Ph.D. dissertation and newly published book, David Keanu Sai says there were two executive agreements between those heads of state."
Amelia Gora: The "Executive Agreements" was not a scam but truth.
The Primary Executive Agreement was the Treaty or the First Contract:
US TREATY WITH THE HAWAIIAN ISLANDS, DEC. 20, 1849
Treaty signed at Washington December 20, 1849
Senate advice and consent to ratification January 14, 1850
Ratified by the President of the United States February 4, 1850
Ratified by the Hawaiian Islands August 19, 1850
Ratifications exchanged at Honolulu August 24, 1850
Entered into force August 24, 1850
The United States of America and His Majesty the King of the Hawaiian Islands, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective states, and consolidating the commercial intercourse between them, have agreed to enter into negotiations for the conclusion of a Treaty of Friendship, Commerce and Navigation, for which purpose they have appointed plenipotentiaries, that is to say:
The President of the United States of America, John M. Clayton, Secretary of State of the United States; and His Majesty the King of the Hawaiian Islands, James Jackson Jarves, accredited as his Special Commissioner to the Government of the United States; who, after having exchanged their full powers, found in good and due form, have concluded and signed the following articles:
Article I
There shall be perpetual peace and amity between the United States and the King of the Hawaiian Islands, his heirs and his successors.
Ref: Keanu Sai's link http://www.hawaiiankingdom.org/treaty_us-1849.shtml
Conklin: "(1) The "Liliuokalani Assignment" consists of her letter of January 17, 1893 protesting the overthrow of the monarchy. In that letter she says she is surrendering temporarily to the U.S. until such time as the U.S. reverses the revolution and restores her to the throne. Sai claims this created an executive agreement whereby the U.S. promised to govern Hawaii in accord with Hawaiian Kingdom law during the temporary period until Liliuokalani was back in power."
Amelia Gora: Queen Liliuokalani was under duress, stress, coercion, and usurpation. Being from a neutral, friendly, non-violent nation and having the first contracts/Treaties in place since 1849:
"There shall be perpetual peace and amity between the United States and the King of the Hawaiian Islands, his heirs and his successors. "
Note: The contract was in place. It was between the U.S. President and the Monarch alone.
Conklin: "But there are many difficulties with this theory."
Amelia Gora: It was not simply a theory but facts. The U.S. President made a Treaty recognizing the U.S. as an independent nation, along with England, France, and Belgium during the period.
The 1822 Secret Treaty of Verona also discovered to have been agreed upon by Austria, France, Prussia, Russia, the U.S., and the Vatican was made in 1822 to break down Monarchy governments worldwide, the Vatican was complemented for "obedience" amongst the people.
However, in 1843, a Perpetual "Peace and Amity" Agreement /Contract was made in black and white.
Note: Although the 1843 Treaty was signed, it appears that the U.S. was not honest in having or maintaining the Treaty with a Monarchy government based on the agreement which showed up in the Congressional notes of 1916 or just before Queen Liliuokalani died:
Treaty of Verona - Secret Articles
1916 - Congress Record - Sen. Owen Treaty of Verona - YouTube |
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 |
www.youtube.com/watch?v=_UBXHSFr4bw5 min - Jan 16, 2009 - Uploaded by ForgottenHistoryUSA
written in 1919 by Senator Owen, where he again warns of the Secret Treaty of Verona. Senator Robert L. Owen brings to light a silent ... |
My Note: Wolfram Graetz, a researcher residing in the Maryland area, sent his finds to me and I posted it in my news on the web IOLANI - The Royal Hawk over the years. To date, there are 357 issues out which goes out to hundreds/thousands, and many nations around the world. see: www.theiolani.blogspot.com http://myweb.ecomplanet.com/GORA8037 etc.
Conklin: "Liliuokalani's protest -- her "assignment" of authority to the U.S. -- was delivered to the office of the revolutionary Provisional Government President Sanford B. Dole, not to the office of U.S. Minister Plenipotentiary John L. Stevens. It's not clear how long it took before the U.S. found out that it had supposedly entered into an agreement with the ex-queen -- indeed, the U.S. never accepted this "assignment." There was no executive agreement."
Amelia Gora: Queen Liliuokalani merely sent reminders of the executive agreements or the primary, original contracts issue to U.S. President Benjamin Harrison who was President at the time, and the issues were resumed when her friend U.S. President Cleveland was in office.
U.S. President Benjamin Harrison, Congress, et. als. did premeditate the piracy(ies) of the Hawaiian Kingdom disregarding the Treaties in place and that's on record:
1) Benjamin Tracy, a U.S. Representative was in Makua planning the overthrow in 1892.
Reference: Documented evidence filed in the Affidavit/Lien No. 96-177455 (281 pages) filed on 12/17/1996 by Amelia Gora (representative of the Royal Families), Bureau of Conveyances, Honolulu, Oahu, Hawaii.
2) Thomas Akaka (ancestor of Daniel Akaka who's pushing the Akaka Bill with Inouye, Abercrombie, et. als.) helped to plan the overthrow in Washington D.C. with Dr. Mott-Smith, Lorrin Thurston, et. als. while representing the Hawaiian Kingdom........they were in communications with U.S. President Benjamin Harrison who supported their activities.
References: Dr. Mott-Smith's and other books of the period.
My Note: These records are evidence of genocide, treason, breach of contract/Friendship/Perpetuity Treaties, etc. See Evidence links to important documents below.
Conklin: "Everyone knew that Grover Cleveland had been elected President on November 8, 1892, but would not take office until March (as was normal back then). Cleveland was the ex-queen's personal friend. So Liliuokalani was engaging in a crass political ploy of claiming to surrender to a faraway friend who was likely to help her, instead of surrendering to the closeup enemy who had actually defeated her and would never undo the revolution. Also, after January 17 Liliuokalani no longer had any executive authority because the revolution had ousted her. And Cleveland did not become President until 6 weeks later. So even if the two of them had made an agreement, it was not an agreement by two heads of state which would carry the force of a treaty and would impose upon their successors an obligation to carry it out."
Amelia Gora: Ken Conklin's Time Line is inaccurate. He perpetuates criminal deceit, and must be paid by his handler's, the PIRATES OF THE PACIFIC: Charles Reed Bishop and Friends types who are Pirates, Racketeers, Criminal deviants perpetuating Frauds, Deceit, Crimes against the Heirs and Successors of Kauikeaouli/Kamehameha III, kanaka maoli, et. als. affecting the Hawaiian Islands and the World Today.
Furthermore, Conklin fails to recognize Truth, Integrity, Facts Found Exposing Criminal Deviants For Everyone, All Nations in the World to See.
See the following links which is in part Evidence of Genocide, Crimes, Racketeering, Piracy(ies) on the Part of the Occupiers/Pirates in Place deceiving everyone today:
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Premeditation to Assume Pearl Harbor Coaling Station/the Hawaiian Islands - a Standing Order by Congress Eight (8) days BEFORE DETHRONING QUEEN LILIUOKALANI in 1893:
Page 1: https://docs.google.com/leaf? id= 0B6Gs4av5Se1wZmFmMWE3YjEtNTAwM y0...
Page 2: https://docs.google.com/leaf? id= 0B6Gs4av5Se1wN2RlYzdiOWMtNWJkY S0...
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Genealogies 1867 (first part) https://docs.google.com/leaf? id= 0B6Gs4av5Se1wMzBiZGJhMjMtY2FmZ C0...
Genealogies 1867 (second part) https://docs.google.com/leaf? id= 0B6Gs4av5Se1wZDBjMDAyNjktMWQ1M i0...
Genealogies 1867 (third and last part) https://docs.google.com/leaf? id= 0B6Gs4av5Se1wOTRlZmNhMDEtNGFkM S0...
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Annexation Opposition by Queen Liliuokalani found by researcher Kiliwehi Kekumano: https://docs.google.com/leaf? id= 0B6Gs4av5Se1wOGJmZjg4MmQtNWRjM S0...
Annexation Opposition (page 2) https://docs.google.com/leaf? id= 0B6Gs4av5Se1wNWVlMTc0MjEtZWZiZ S0...
Annexation Opposition (page 3) https://docs.google.com/leaf? id= 0B6Gs4av5Se1wY2RjYzZmNjQtMjUxY i0...
Annexation Opposition (page 4) https://docs.google.com/leaf? id= 0B6Gs4av5Se1wNmY2Mzk3ZTctZDEyM y0...
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The Hawaiian Disgrace http://query.nytimes.com/mem/ archive-free/pdf?res= F70A1FF7345D117...
Shameful Conspiracy https://docs.google.com/leaf? id= 0B6Gs4av5Se1wN2Y2YjAwOTItOTEwM C0...
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Prince Kuhio Kalanianaole Treasonous Person introduced Statehood in 1920 https://docs.google.com/leaf? id= 0B6Gs4av5Se1wMzY0NzE3ZDUtZGE5M i0...
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Conklin supports conspirators, treasonous persons documented.
Conklin: "(2) The "Agreement of Restoration" is Keanu Sai's assertion that in November and December of 1893 U.S. Minister Plenipotentiary Albert Willis, acting on orders from President Cleveland through Secretary of State Gresham, promised Liliuokalani to restore her to the throne if she would promise to grant amnesty to the revolutionaries. After Liliuokalani twice refused to grant amnesty and insisted she would behead the revolutionaries, she finally wrote a letter agreeing to grant amnesty. Sai says this consummated an executive agreement obligating the U.S. to put Liliuokalani back on the throne, and the obligation is binding on all subsequent Presidents. Although Liliuokalani is long dead, Barack Obama must restore sovereign authority to the Kingdom of Hawaii as an independent nation, because of the "agreement" President Cleveland made to restore the ex-queen."
Amelia Gora: Conklin fails to look into the conspiracies documented, evidence, the Hawaiian Laws in place, fails to observe the activities of the U.S., their financial status.....the U.S., and England were bankrupt and were represented by the Morgan bankers who represented them for their investments, etc.
Conklin: "But of course Liliuokalani had no executive authority after January 17, so it was not possible for any agreement she made 10 or 11 months later to be regarded as tantamount to a treaty. In any case, no U.S. official ever promised to put Liliuokalani back on the throne."
Amelia Gora: Queen Liliuokalani's claims remain. Her families exist, many who are Kamehameha's descendants. Kamehameha began the Monarchy government in 1810. The U.S. remains bankrupt, corrupt, and have been criminally occupying Hawaiian lands without legal authority.
What is a Monarchy government? Queen Liliuokalani represented the a three-part government. First part being a Permanent Seat of the Sovereign - which she represented; the Second Part being the House of Nobles a Permanent Part of government and whose descendants/heirs exist; and the third part which the Provisional government assumed - the House of Representatives, a voted in group of people not necessarily kanaka maoli, and made up of the many who formed groups to conspire, dethrone Queen Liliuokalani. See the following link for more information:
http://maoliworld.ning.com/forum/topics/evidence-why-the-entity-sta...
Conklin: "The U.S. did not own Hawaii, and had no right or authority to do such a thing. The Provisional government and President Dole were not a U.S. puppet regime, and there were zero U.S. peacekeepers remaining in Hawaii after April 1. The only promise made to Liliuokalani by U.S. officials was to serve as a mediator between Liliuokalani and Dole, and to ask Dole to step down, if Liliuokalani would guarantee to grant amnesty. When Liliuokalani finally did agree to amnesty, U.S. Minister Willis sent President Dole a strongly worded letter essentially ordering him to step down (that was the first time Dole had heard of this preposterous idea); but Dole replied on December 23 with an even more strongly worded letter refusing. There was never an executive agreement whereby the U.S. promised to restore the Queen. The U.S. could not make such a promise, any more than Ken Conklin could promise to give Haleiwa Bridge to a taxi driver who might take him there."
"Keanu Sai's "Executive Agreements" scam is a continuation of his previous Perfect Title and World Court scams. And as in those previous scams, large sums of money are being paid by gullible people, mostly ethnic Hawaiians, who rely upon Sai's theories to file nonsensical title search documents in court whereby they hope to avoid mortgage foreclosure. This latest scam is not only historical malpractice but is also causing real hurt to many people. The state House Committee on Hawaiian Affairs (including some Republicans) passed a resolution with no dissenting votes, trumpeting Sai's Executive Agreements theories and calling for a joint House-Senate committee to hold hearings on how to implement them. Shame on that insane committee and every one of its members."
Amelia Gora: It's not easy to correct someone so ignorant about the facts, and I'll ignore his uneducated/undereducated bantering; however, I'm in agreement with Keanu's comments about Conklin --
"Dr. Conklin, if he really does have a Ph.D., is an angry, bitter and self-centered man, whose diatribe that he spews is neither respectful nor responsible. His opinions are unqualified, and whether he knows it or not he has provided an abundance of evidence that can be used in a lawsuit for libel and slander. If I were Dr. Conklin, I would be very careful what I write, but then again, I’m responding to an angry and bitter man and someone who is angry and bitter usually doesn’t think straight. When I was in the Army, officer’s who don’t think straight would be relieved of their command. The basis for relieving the officer would be because it would place their men, which they lead, in harm’s way. I am assuming Dr. Conklin never served as a commissioned officer in the military so he wouldn’t understand the level of responsibility an officer holds."
aloha.
Sudden Rush- Messenjah's (Feat.Amy Hanaialii Gilom)
Sudden Rush- Messenjah's (Feat.Amy Hanaialii Gilom)
by sablancpm 2 years ago 4,201 views
Queen Liliuokalani prophesied and stated the following:
“Oh, honest Americans, as Christians hear me for my downtrodden people! Their form
of Government is as dear to them as yours is Precious to you. Quite as warmly s you love
your country, so they love theirs. With all your Goodly possessions, covering a
territory so immense that there yet remain parts unexplored, possessing islands that,
although new at hand, had to be neutral ground in time of war, do not covet the little
vineyard of Naboth’s, so far from your shores, lest the Punishment of Ahab fall upon you,
if not in Your day, in that of your children, for “be not deceived, God is not
mocked.” The people to whom your fathers told of the living God, and taught to call
“Father”, and whom the sons now seek to despoil and destroy, are crying aloud
to Him in the time of trouble, and He will keep His promise, and will listen to the
Voices of His Hawaiian children lamenting for their homes.”Kaulana Na Pua
Hidden behind a deceptively light tune, this protest song tells of the ardent opposition of Native Hawaiians to the annexation of their nation to ...
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In Summarizing, the issues of Innocents are the similarities of this document.
The Life of Troy Davis, an Innocent being wrongfully charged in a bigot State of Georgia; and the innocents in the Hawaiian Islands, our Royal Families, the subjects, citizens, foreigners living in the Hawaiian archipelago disregarded, exposed to depleted uranium, toxins, contaminants put out by a nation that premeditated the criminal assumption of private properties of Royal Families, descendants of Kamehameha, descendants of the House of Nobles the two branches of the permanent members of the Hawaiian government.
The U.S. President Harrison did assist the elected part of government, the treasonous persons who got their positions thru the House of Representatives or third and last part of the Hawaiian government. Harrison did consult with treasonous persons such as Lorrin Thurston, Sanford B. Dole, Thomas Akaka (ancestor of Daniel Akaka), Dr. Mott Smith, et. als.
Once again, the proper amount for rents and leases are the flat rate of 600 Trillion dollars which covers the period of 1893 to present. This amount, according to one of our researchers, is the amount found in her researches. Return of our gold bullions held at Fort Knox; and "Coins of the Realm" held by one of the banks in Honolulu; Trust monies, etc. is due.
Cease and desist on the use of radioactive weapons, including Depleted Uranium in the Hawaiian archipelago; Cease and Desist from "expunging" true Crown Land documents legally filed in our Hawaiian Nations records, the foundations of our Hawaiian government, a neutral non violent nation whose permanent seats (Sovereign and House of Nobles) descendants/heirs exist today, etc.
Sincerely,
Amelia Gora
P.O. Box 861781
Wahiawa, Oahu, Hawaii 96786
recognizing that Postal Treaties, etc. continues
copy/post to many/interested others
From: Ana Zamora <moveon-help@list.moveon.org>
To: a. gora <hawaiianhistory@yahoo.com>
Sent: Saturday, September 17, 2011 5:28 AM
Subject: Urgent: Innocent man about to be executed
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Replies
Important e-mail opened late:
from Pilipo, et. als:
Emailing: THE CARROLL COX SHOW - Proclamation
THE CARROLL COX SHOW : 1080 AM
PODCAST
SUNDAY, September 11, 2011
Carroll and attorney Michael Ostendorp discuss Governor Abercrombie's proclamation, signed 6/14/11, suspending state statutes protecting the environment, historic sites, public access to recreation areas, and environmental policies. For what reason, and why wasn't the public informed? Basically, the governor has declared a state of emergency and suspended a broad set of laws so the U.S. Army Corps of Engineers can look for and blow up old munitions (that have been around for many years) wherever they are found. By suspending laws under the "emergency proclamation" he alone can now dictate and do whatever he wants with state resources and property. If it is an emergency, why didn't he tell anyone?
This, along with senate bill 1555 introduced by State Senator Donovan Dela Cruz allowing the state to transfer public land to a corporation for generating revenue, could devastate both our public and private property rights. We wonder, what's coming up with APEC and the rail project in the works?
Read the proclamation here.
Read the senate bill here
Carroll also brings us up to date regarding parts containing radioactive materials from the U.S. Marine helicopter that crashed on the Kaneohe Sandbar last March (discussed on our show 9/4/11
THE SENATE
S.B. NO.
1555
TWENTY-SIXTH LEGISLATURE, 2011
S.D. 2
STATE OF HAWAII
H.D. 2
C.D. 1
A BILL FOR AN ACT
RELATING TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
PUBLIC Land development corporation
§ -1 Findings and purpose. The legislature finds that certain public lands under the jurisdiction of the department of land and natural resources are not used effectively. Public lands in certain areas may serve the State and its people better if managed and developed into suitable recreational and leisure centers where the public can congregate and where visitors to our State can go as part of their holiday experience. However, the department of land and natural resources is hamstrung by its limited mission. Creating a development arm of the department of land and natural resources, similar to the agribusiness development corporation, and placing appropriate public lands into the new corporation's jurisdiction, may help to create these recreation and leisure areas, while also creating revenue-generating opportunities for the new corporation. In turn, revenues generated may be used to offset the regulatory functions of the department of land and natural resources.
The purpose of this chapter is to create a vehicle and process to make optimal use of public land for the economic, environmental, and social benefit of the people of Hawaii. This chapter establishes a public corporation to administer an appropriate and culturally-sensitive public land development program. The corporation shall coordinate and administer programs to make optimal use of public land, while ensuring that the public land is maintained for the people of Hawaii. The corporation shall identify the public lands that are suitable for development under this chapter, carry on marketing analysis to determine the best revenue-generating programs for the public lands identified, enter into public-private agreements to appropriately develop the public lands identified, and provide the leadership for the development, financing, improvement, or enhancement of the selected development opportunities.
§ -2 Definitions. As used in this chapter, unless the context clearly requires otherwise:
"Board" means the board of directors of the public land development corporation.
"Coordinating entrepreneur" means a qualified person capable of organizing, operating, and assuming the risk for enterprises, including securing land and seed capital, developing or managing commercial or recreational facilities or projects, arranging concession agreements, supplying materials, maintaining equipment and infrastructure, and providing for the processing and marketing of services or products.
"Corporation" means the public land development corporation.
"Coventure" means an investment by the corporation in qualified securities of an enterprise in which a substantial investment is also being made or has been made by a professional investor to provide seed capital to an enterprise. A guarantee by the corporation of qualified securities provided by a professional investor shall be classified as a coventure. An investment made by the corporation, which is a direct investment, may later be classified as a coventure upon an investment by a professional investor.
"Department" means the department of land and natural resources.
"Development rights" means the rights permitted under an ordinance or law relating to permitted uses of a property, the density or intensity of use, and the maximum height and size of improvements thereon.
"Direct investment" means an investment by the corporation in qualified securities of an enterprise in which no investment is being or has been made by a professional investor to provide seed capital to the enterprise.
"Enterprise" means a business with its principal place of business in Hawaii, which is or proposes to be engaged in recreational and commercial area development, development of new value-added products, enhancement of existing recreational or commercial commodities, and the application of existing recreation or commercial areas and appurtenant facilities to productive uses.
"Fund" means the Hawaii public lands development revolving fund.
"Private lender" includes banks, savings and loan associations, mortgage companies, and other qualified companies whose business includes the making of loans in the State.
"Professional investor" means any bank, bank holding company, savings institution, farm credit institution, trust company, insurance company, investment company registered under the federal Investment Company Act of 1940, financial services loan company, pension or profit-sharing trust or other financial institution or institutional buyer, licensee under the federal Small Business Investment Act of 1958, as amended, or any person, partnership, or other entity of whose resources, a substantial amount is dedicated to investing in securities or debt instruments, and whose net worth exceeds $250,000.
"Project" means a specific undertaking, improvement, or system consisting of work or improvement, including personal property or any interest therein acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by the corporation.
"Project cost" means the total of all costs incurred by the corporation in carrying out all undertakings that it considers reasonable and necessary for the development of a project, including studies; plans; specifications; architectural, engineering, or any other development related services; acquisition of land and any improvement thereon; site preparation and development; construction; reconstruction; rehabilitation; the necessary expenses in administering this chapter; the cost of financing the project; and relocation costs.
"Project facilities" includes improvements, roads and streets, utility and service corridors, utility lines where applicable, water and irrigation systems, lighting systems, security systems, sanitary sewerage systems, and other community facilities where applicable.
"Qualified person" means any individual, partnership, corporation, or public agency possessing the competence, expertise, experience, and resources, including financial, personnel, and tangible qualifications, as may be deemed desirable by the corporation in administering this chapter.
"Qualified security" means any note, stock, treasury stock bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, pre-organization certificate of subscription, transferable share, investment contract, certificate of deposit for a security, certificate of interest or participation in a patent or patent application, or in royalty or other payments under such a patent or application, or, in general, any interest or instrument commonly known as a "security" or any certificate for, receipt for, or option, warrant, or right to subscribe to or purchase any of the foregoing.
"Revenue bonds" means bonds, notes, or other evidence of indebtedness of the corporation issued to finance any project facility.
"Seed capital" means financing that is provided for the development, refinement, and commercialization of a product or process and other working capital needs.
"Trust indenture" means an agreement by and between the corporation and a trustee that sets forth the duties of the trustee with respect to the revenue bonds, the security thereof, and other provisions as may be deemed necessary or convenient by the corporation to secure the revenue bonds.
"Trustee" means a national or state bank or trust company, within or outside the State, that enters into a trust indenture.
"Value-added" means any activity that increases, by means of development or any other means, the value of public lands.
§ -3 Public land development corporation; established. (a) There is established the public land development corporation, which shall be a public body corporate and politic and an instrumentality and agency of the State. The corporation shall be headed by the board. The corporation shall be placed within the department for administrative purposes.
The corporation shall coordinate and administer programs to make optimal use of public land, while ensuring that the public land is maintained for the people of Hawaii. The corporation shall identify the public lands that are suitable for development under this chapter, carry on marketing analysis to determine the best revenue-generating programs for the public lands identified, enter into public-private agreements to appropriately develop the public lands identified, and provide the leadership for the development, financing, improvement, or enhancement of the selected development opportunities. Permissible uses of public land pursuant to this chapter shall include but not be limited to office space; vehicular parking; commercial uses; hotel, residential, and timeshare uses; fueling facilities; storage and repair facilities; and seawater air conditioning plants.
(b) The board of directors of the public land development corporation shall consist of five voting members. The members shall include:
(1) The chairperson of the board of land and natural resources, or the first deputy to the chairperson of the board of land and natural resources;
(2) The director of finance, or the director's designee;
(3) The director of business, economic development, and tourism, or the director's designee;
(4) One member to be appointed by the speaker of the house of representatives; and
(5) One member to be appointed by the president of the senate;
provided that the persons appointed by the speaker of the house of representatives and the president of the senate shall possess sufficient knowledge, experience, and proven expertise in small and large businesses within the development or recreation industries, banking, real estate, finance, promotion, marketing, or management.
The term of office of the two voting members appointed by the speaker of the house of representatives and the president of the senate shall be four years each.
(c) The board shall appoint an executive director, who shall serve at the pleasure of the board and shall be exempt from chapter 76. The salary of the executive director shall be set by the board.
(d) The board, through its executive director, may appoint officers, agents, and employees; prescribe their duties and qualifications; and fix their salaries, without regard to chapter 76.
§ -4 Powers; generally. (a) Except as otherwise limited by this chapter, the corporation may:
(1) Sue and be sued;
(2) Have a seal and alter the same at its pleasure;
(3) Make and alter bylaws for its organization and internal management;
(4) Adopt rules under chapter 91 necessary to effectuate this chapter in connection with its projects, operations, and properties;
(5) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;
(6) Carry out surveys, research, and investigations into technological, business, financial, consumer trends, and other aspects of leisure or recreational land uses in the national and international community;
(7) Acquire or contract to acquire by grant or purchase:
(A) All privately owned real property or any interest therein and the improvements thereon, if any, that are determined by the corporation to be necessary or appropriate for its purposes under this chapter, including real property together with improvements, if any, in excess of that needed for such use in cases where small remnants would otherwise be left or where other justifiable cause necessitates the acquisition to protect and preserve the contemplated improvements, or public policy demands the acquisition in connection with such improvements; and
(B) Encumbrances, in the form of leases, licenses, or otherwise, needed by the corporation or any state department or agency for public purposes, the disposition of subdivided lots, houselots, apartments or other economic units, or economic development;
(8) Own, hold, improve, and rehabilitate any real, personal, or mixed property acquired; and sell, assign, exchange, transfer, convey, lease, or otherwise dispose of, or encumber the same;
(9) By itself, or in partnership with qualified persons or other governmental agencies, acquire, construct, reconstruct, rehabilitate, improve, alter, or repair any infrastructure or accessory facilities in connection with any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of, or encumber any project; and develop or manage, by itself, or in partnership with qualified persons or other governmental agencies, any project that meets the purposes of this chapter;
(10) In cooperation with any governmental agency, or otherwise through direct investment or coventure with a professional investor or enterprise or any other person, or otherwise, acquire, construct, operate, and maintain public land facilities, including but not limited to leisure, recreational, commercial, residential, timeshare, hotel, office space, and business facilities, at rates or charges determined by the corporation;
(11) Assist developmental, recreational, and visitor-industry related enterprises, or projects developed or managed by the corporation, by conducting detailed marketing analysis and developing marketing and promotional strategies to strengthen the position of those enterprises and to better exploit local, national, and international markets;
(12) Receive, examine, and determine the acceptability of applications of qualified persons for allowances or grants for the development of new recreation and visitor-industry related products, the expansion of established recreation and visitor-industry or land development enterprises, and the altering of existing recreational, visitor-industry related, or land development enterprises;
(13) Coordinate its activities with any federal or state programs;
(14) Grant options to purchase any project or to renew any lease entered into by the corporation in connection with any of its projects, on the terms and conditions it deems advisable;
(15) Provide advisory, consultative, training, and educational services and technical assistance to any person, partnership, or corporation, either public or private, 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;
(16) Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable;
(17) Accept gifts or grants in any form from any public agency or any other source;
(18) Issue bonds to finance the cost of a project and to provide for the security thereof, in the manner and pursuant to the procedure prescribed in this chapter;
(19) Subject to approval by the department, assume management responsibilities for small boat harbors in accordance with chapter 200 and any rules adopted pursuant thereto for periods not to exceed one year;
(20) Recommend to the board of land and natural resources the purchase of any privately owned properties that may be appropriate for development; and
(21) Do all things necessary or proper to carry out the purposes of this chapter.
(b) Notwithstanding subsection (a) to the contrary, the corporation shall not acquire, contract to acquire by grant or purchase, own, hold, sell, assign, exchange, transfer, convey, lease, or otherwise dispose of, or encumber any real, personal, or mixed property that is owned by the department as of July 1, 2011, except as expressly provided in this chapter.
(c) The powers conferred herein shall be liberally construed to effectuate the purposes of this chapter.
§ -5 Hawaii public land optimization plan. (a) The corporation shall prepare the Hawaii public land optimization plan, which shall define and establish goals, objectives, policies, and priority guidelines for its public land optimization development strategy. The plan shall include:
(1) An inventory of public lands with suitable, adequate development potential that are or will become available that can be used to meet present and future land development needs;
(2) Protection of culturally-sensitive areas;
(3) Feasible strategies for the promotion and marketing of any projects, including but not limited to leisure, recreational, commercial, residential, timeshare, hotel, office space, and business projects, in local, national, and international markets;
(4) Proposals to improve the gathering of data and the timely presentation of information on market demands and trends that can be used to plan future projects; and
(5) Strategies for federal and state legislative actions that will promote the development and enhancement of Hawaii's public lands.
(b) The corporation shall revise the Hawaii public lands optimization plan from time to time and shall incorporate the plan in its annual report to the governor and the legislature as provided in section ‑20.
(b) The corporation may initiate and coordinate the preparation of business and public land development plans for its projects. The plans shall include a proposal for the organization of the enterprise, a marketing strategy, marketing-related information, the impact on existing development or visitor-related industries throughout the State, and a recommendation for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any infrastructure or accessory facilities in connection with any project.
(c) The corporation may enter into cooperative agreements with coordinating entrepreneurs or public agencies when the powers, services, and capabilities of the persons or agencies are deemed necessary and appropriate for the development and implementation of the business and public land development plans.
(d) Notwithstanding any provision of this chapter to the contrary, when leasing corporation-controlled public land, the corporation may contract with a financial institution chartered under chapter 412 or a federal financial institution, as defined under section 412:1-109, that transacts business in this State to provide lease management services. For the purposes of this subsection, "lease management services" includes the collection of lease rent and any other moneys owed to the corporation related to the lease of public land under the corporation's control.
(e) The public land planning activities of the corporation shall be coordinated with the county planning departments and the county land use plans, policies, and ordinances.
(f) The corporation may amend the business and public land development plans as may be necessary or appropriate.
(g) Any undertaking by the corporation pursuant to this chapter shall be with the express written consent of the landowner or landowners directly affected.
§ -7 Project facility program. (a) The corporation may develop a project to identify necessary project facilities within a project area.
(b) Unless and except as otherwise provided by law, whenever the corporation undertakes, or causes to be undertaken, any project facility as part of a project, the cost of providing the project facilities shall be assessed against the real property in the project area specially benefiting from the project facilities. Subject to the express written consent of the landowners directly affected, the corporation shall determine the properties that will benefit from the project facilities to be undertaken and may establish assessment areas that include the properties specially benefiting from the project facilities. The corporation shall fix the assessments against the real property specially benefited.
(c) Unless and except as otherwise provided by law, the corporation may adopt rules pursuant to chapter 91 to establish the method of undertaking and financing project facilities in a project area.
(d) Any other law to the contrary notwithstanding, in assessing real property for project facilities, the corporation shall assess the real property within a project area according to the special benefits conferred upon the real property by the project facilities. These methods may include an assessment on a frontage basis or according to the area of real property within a project area, or any other assessment method that assesses the real property according to the special benefit conferred, or any combination thereof. No assessment levied under this section against real property specially benefited under this chapter shall constitute a tax on real property within the meaning of any law.
(e) Any other provisions to the contrary notwithstanding, the corporation, at its discretion, may enter into any agreement with the county in which project facilities are located, to implement the purposes of this section.
(f) If all or a part of the project facilities to be financed through bonds by the corporation may be dedicated to the county in which the project facilities are to be located, the corporation shall ensure that the project facilities or applicable portions thereof are designed and constructed to meet county requirements.
§ -8 Approval of projects, plans, and programs. All public lands optimization projects, public land development plans, and project facility programs developed by the corporation shall be approved by the board.
§ -9 Bonds. (a) The corporation, with the approval of the governor, may issue, from time to time, revenue bonds in amounts not exceeding the total amount of bonds authorized to be issued by the legislature for the purpose of constructing, acquiring, remodeling, furnishing, and equipping any project facility, including the acquisition of the site of the facility; or acquiring non-public lands through purchase to sustain and preserve leisure or recreational enterprises within a contiguous geographic area.
(b) All revenue bonds shall be issued pursuant to part III of chapter 39, except as provided in this chapter.
(c) The revenue bonds shall be issued in the name of the corporation and not in the name of the State. The final maturity date of the revenue bonds may be any date not exceeding thirty years from the date of issuance.
§ -10 Revenue bonds; payment and security. (a) The revenue bonds shall be payable from and secured by the improvements to real properties specially benefited or improved and the assessments thereon, or by the revenues derived from the project facility for which the revenue bonds were issued, including revenue derived from insurance proceeds and reserve accounts, and earnings thereon.
(b) The corporation may pledge revenues derived from the project facility financed from the proceeds of the revenue bonds to the punctual payment of the principal, interest, and redemption premiums, if any, on the revenue bonds.
(c) The revenue bonds may be additionally secured by the pledge or assignment of the loans and other agreements or any note or other undertaking, obligation, or property held by the corporation to secure the loans.
(d) Any pledge made by the corporation shall create a perfected security interest in the revenues, moneys, or property so pledged and thereafter received by the corporation, from and after the time that the financing statement with respect to the revenues, moneys, or property so pledged and thereafter received are filed with the bureau of conveyances. Upon the filing, the revenues, moneys, or property so pledged and thereafter received by the corporation shall immediately be subject to a lien of any pledge without any physical delivery thereof or having claims of any kind in tort, contract, or otherwise against the corporation, irrespective of whether the parties have notice thereof. This section shall apply to any financing statement heretofore or hereafter filed with the bureau of conveyances with respect to any pledge made to secure revenue bonds issued under this chapter.
§ -11 Revenue bonds; interest rate, price, and sale. (a) The revenue bonds issued pursuant to this chapter shall bear interest at a rate or rates and shall be payable on a date or dates, as the corporation shall determine.
(b) The corporation shall include the costs of undertaking the project facility for which the revenue bonds are issued in determining the principal amount of revenue bonds to be issued. In determining the cost of undertaking the project facility, the corporation may include:
(1) The cost of constructing, acquiring, remodeling, furnishing, and equipping the project facility, including the acquisition of the site of the facility;
(2) The cost of purchasing or funding loans or other agreements entered into for the project facility;
(3) The costs of studies and surveys;
(4) Insurance premiums;
(5) Underwriting fees;
(6) Financial consultant, legal, accounting, and marketing services incurred;
(7) Reserve account, trustee, custodian, and rating agency fees; and
(8) Any capitalized interest.
(c) The revenue bonds may be sold at public or private sale, and for a price as may be determined by the corporation.
§ -12 Revenue bonds; investment of proceeds and redemption. Subject to any agreement with the holders of its revenue bonds, the corporation may:
(1) Invest its moneys not required for immediate use, including proceeds from the sale of revenue bonds, in any investment in accordance with procedures prescribed in a trust indenture; and
(2) Purchase its revenue bonds out of any fund or money of the corporation available therefor, and hold, cancel, or resell the revenue bonds.
§ -13 Revenue bonds; subaccounts. A separate subaccount shall be established for each project facility financed from the proceeds of the revenue bonds secured under the same trust indenture. Each subaccount shall be designated "project facility revenue bond subaccount" and shall bear additional designation as the corporation deems appropriate to properly identify the fund.
§ -14 Trustee; designation, duties. (a) The corporation shall designate a trustee for each issue of revenue bonds secured under the same trust indenture.
(b) The trustee shall be authorized by the corporation to hold and administer the project facility revenue bond subaccount established pursuant to section ‑13, to receive and receipt for, hold, and administer the revenues derived by the corporation from the project facility for which the revenue bonds were issued, and to apply these revenues to the payment of the cost of:
(1) Undertaking the project facility;
(2) Administering and operating the proceedings providing for the issuance of the revenue bonds;
(3) The principal or interest on these bonds;
(4) The establishment of reserves; and
(5) Other purposes as may be authorized in the proceedings providing for the issuance of the revenue bonds.
(c) Notwithstanding section 39-68 to the contrary, the director of finance may appoint the trustee to serve as fiscal agent for:
(1) The payment of the principal of and interest on the revenue bonds; and
(2) The purchase, registration, transfer, exchange, and redemption of the bonds.
(d) The trustee shall perform additional functions with respect to the payment, purchase, registration, transfer, exchange, and redemption of the bonds, as the director of finance may deem necessary, advisable, or expeditious, including the holding of the revenue bonds and coupons that have been paid and the supervision of the destruction thereof in accordance with applicable law.
(e) Nothing in this chapter shall limit or be construed to limit the powers granted to the director of finance in sections 36-3, 39-13, and 39-68(a), to appoint the trustee or others as fiscal agents, paying agents, and registrars for the revenue bonds or to authorize and empower those fiscal agents, paying agents, and registrars to perform the functions referred to in those sections.
§ -15 Trust indenture. (a) A trust indenture may contain covenants and provisions authorized by part III of chapter 39, and as may be deemed necessary or convenient by the corporation for the purposes of this chapter.
(b) A trust indenture may allow the corporation to pledge and assign to the trustee loans and other agreements related to the project facility, and the rights of the corporation thereunder, including the right to receive revenues thereunder and to enforce the provisions thereof.
(c) A trust indenture shall also contain provisions as to:
(1) The investment of the proceeds of the revenue bonds, the investment of any reserve for the bonds, the investment of the revenues of the project facility, and the use and application of the earnings from investments; and
(2) The terms and conditions upon which the holders of the revenue bonds or any portion of them or any trustee thereof may institute proceedings for the foreclosure of any loan or other agreement or any note or other undertaking, obligation, or property securing the payment of the bonds and the use and application of the moneys derived from the foreclosure.
(d) A trust indenture may also contain provisions deemed necessary or desirable by the corporation to obtain or permit, by grant, interest, subsidy, or otherwise, the participation of the federal government in the financing of the costs of undertaking the project facility.
§ -16 Transfer of public lands. (a) Notwithstanding chapter 171 or any provision of this chapter to the contrary, the department may transfer, subject to the approval of the board of land and natural resources, development rights for lands under its jurisdiction to the corporation for purposes of this chapter; provided that:
(1) Development rights for all small boat harbors that have an existing contract in force and effect relating to a lease or development agreement, or a request for proposal that has been advertised or is under negotiation for capital improvements to harbor facilities as of July 1, 2011, shall be transferred to the corporation on July 1, 2011; provided that with regard to any:
(A) Request for proposal that has been issued for which a contract has not been executed; or
(B) Contract executed by the department that is in force and effect,
on the effective date of this section that relates to the development or redevelopment of submerged or fast lands of a small boat harbor under the control of the department, if the public land corporation is not fully operational by July 1, 2011, the department shall continue to execute its responsibilities relating to negotiating or executing a contract for any such request for proposal or managing any existing contract until the corporation is able to assume the negotiating, oversight, and management responsibilities relating to the existing contract or request for proposal, as the case may be, or until June 30, 2013, whichever occurs first;
(2) If the property to be developed is two hundred acres or less and the board of land and natural resources approves the transfer of development rights appurtenant to the property to be developed, the development rights shall be transferred to the corporation;
(3) If the property to be developed is greater than two hundred acres and the board of land and natural resources approves the transfer of development rights appurtenant to the property to be developed, the development rights shall be transferred to the corporation, subject to disapproval by the legislature by two-thirds vote of either the senate or the house of representatives or by majority vote of both houses in any regular or special session next following the date of transfer; and
(4) The size of any property to be developed shall be deemed to be conclusively determined by the state surveyor, as established in section 26-6.
(b) If the corporation finds that state lands under the control and management of the department or other public agencies are suitable for its purposes under this chapter, the corporation may lease the lands from the agency having the control and management of those lands, upon such terms and conditions as may be agreed to by the parties.
(c) Notwithstanding subsection (b) to the contrary, no public lands shall be leased to the corporation if the lease would impair any covenant between the State or any county, or any department or board thereof, and the holders of bonds issued by the State or the county, or any department or board thereof.
§ -17 Hawaii public land development revolving fund; established; use of corporation funds. (a) There is established the Hawaii public land development revolving fund, to which shall be credited any state appropriations to the fund, any sums collected as a result of bonds issued pursuant to this chapter, any revenues generated from the facilities, or other moneys made available to the fund, to be expended as directed by the corporation.
(b) Notwithstanding any provision of this chapter to the contrary, revenues, income, and receipts derived from the project facilities shall be set apart in a separate subaccount and applied solely for the following purposes:
(1) The principal and interest on the bonds;
(2) The cost of administering, operating, and maintaining the project not to exceed fifteen per cent of the sums collected, net of principal and interest payments, on account of assessments and interest for any specific project facility;
(3) The establishment of program reserves not to exceed eighty-five per cent of the sums collected, net of principal and interest payments, on account of assessments and interest for any specific project facility; provided that accumulated reserves shall be credited to and become a part of the special land and development fund, established under section 171-19, except in the case of a specific project facility that is situated in part or wholly within a small boat harbor, in which case those accumulated reserves attributable to the portions of the facility situated in the small boat harbor shall be credited to and become a part of the boating special fund, established under section 248-8; and
(4) Other purposes as may be authorized in the proceedings providing for the issuance of the bonds.
If any surplus remains in any subaccount after the payment of the bonds chargeable against that subaccount, the surplus shall be credited to and become a part of the Hawaii public land development revolving fund, except as provided in paragraph (3). Notwithstanding any other law to the contrary, moneys in the fund may be used to make up any deficiencies in the subaccount.
(c) The corporation shall hold the fund in an account or accounts separate from other funds. Except as otherwise provided in subsection (b), the corporation shall invest and reinvest the fund and the income thereof to:
(1) Purchase qualified securities issued by enterprises for the purpose of raising seed capital; provided that the investment shall comply with the requirements of this chapter;
(2) Make grants, loans, and provide other monetary forms of assistance necessary to carry out the purposes of this chapter; and
(3) Purchase securities as may be lawful investments for fiduciaries in the State.
All appropriations, grants, contractual reimbursements, and other funds not designated for this purpose may be used to pay for the proper general expenses and to carry out the purposes of the corporation.
(d) The corporation shall purchase qualified securities issued by an enterprise only after:
(1) Receiving:
(A) An application from the enterprise containing a business plan, which is consistent with the business and public land development plan, including a description of the enterprise and its management, product, and market;
(B) A statement of the amount, timing, and projected use of the capital required;
(C) A statement of the potential economic impact of the enterprise, including the number, location, and types of jobs expected to be created; and
(D) Any other information as the corporation shall require;
(2) Determining, based upon the application submitted, that:
(A) The proceeds of the investment will be used only to cover the seed capital needs of the enterprise, except as authorized in this section;
(B) The enterprise has a reasonable chance of success;
(C) The enterprise has the reasonable potential to create employment within the State and offers employment opportunities to residents;
(D) The coordinating entrepreneur and other founders of the enterprise have already made or are prepared to make a substantial financial and time commitment to the enterprise;
(E) The securities to be purchased are qualified securities;
(F) There is a reasonable possibility that the corporation will recoup at least its initial investment; and
(G) Binding commitments have been made to the corporation by the enterprise for adequate reporting of financial data to the corporation, which shall include a requirement for an annual or other periodic audit of the books of the enterprise, and for control by the corporation that it considers prudent over the management of the enterprise, in order to protect the investment of the corporation, including membership on the board of directors of the enterprise, ownership of voting stock, input in management decisions, and the right of access to the financial and other records of the enterprise; and
(3) Entering into a binding agreement with the enterprise concerning the manner of payback by the enterprise of the funds advanced, granted, loaned, or received from the corporation. The manner of payback may include the payment of dividends, returns from the public sale of corporate securities or products, royalties, and other methods of payback acceptable to the corporation. In determining the manner of payback the corporation shall establish a rate of return or rate of interest to be paid on any investment, loan, or grant of corporation funds under this section.
(e) If the corporation makes a direct investment, it shall also find that a reasonable effort has been made to find a professional investor to make an investment in the enterprise as a coventure, and that the effort was unsuccessful. The findings, when made by the corporation, shall be conclusive.
(f) The corporation shall make investments in qualified securities issued by an enterprise in accordance with the following limits:
(1) Not more than $500,000 shall be invested in the securities of any one enterprise, except that more than a total of $500,000 may be invested in the securities of any one enterprise if the corporation finds, after its initial investment, that additional investments in that enterprise are required to protect the initial investment of the corporation, and the other findings set forth in subsection (d) and this subsection are made as to the additional investment;
(2) The corporation shall not own securities representing more than forty-nine per cent of the voting stock of any one enterprise at the time of purchase by the corporation after giving effect to the conversion of all outstanding convertible securities of the enterprise, except that if a severe financial difficulty of the enterprise occurs, threatening the investment of the corporation in the enterprise, a greater percentage of those securities may be owned by the corporation; and
(3) Not more than fifty per cent of the assets of the corporation shall be invested in direct investments at any time.
(g) No investment, loan, grant, or use of corporate funds for the purposes of this chapter shall be subject to chapter 42F.
§ -18 Exemption from taxation. The corporation shall not be required to pay state taxes of any kind.
§ -19 Exemption from requirements. Notwithstanding section 171-42 and except as otherwise noted in this chapter, projects pursuant to this chapter shall be exempt from all statutes, ordinances, charter provisions, and rules of any government agency relating to special improvement district assessments or requirements; land use, zoning, and construction standards for subdivisions, development, and improvement of land; and the construction, improvement, and sale of homes thereon; provided that the public land planning activities of the corporation shall be coordinated with the county planning departments and the county land use plans, policies, and ordinances.
§ -20 Annual report. The corporation shall submit to the governor and the legislature, no later than twenty days prior to the convening of each regular session, a complete and detailed report of its plans and activities."
SECTION 2. Section 206E-4, Hawaii Revised Statutes, is amended to read as follows:
"§206E-4 Powers; generally. Except as otherwise limited by this chapter, the authority 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, which rules shall be 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 chapter 76;
(7) Prepare or cause to be prepared a community development plan for all designated community development districts;
(8) Acquire, reacquire, or contract to acquire or reacquire by grant 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;
(9) 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, and other public improvements;
(10) 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 authority has theretofore sold or otherwise conveyed, transferred, or disposed of;
(11) 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;
(12) 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;
(13) 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;
(14) Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, 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;
(15) Procure insurance against any loss in connection with its property and other assets and operations in such amounts and from such insurers as it deems desirable;
(16) Contract for and accept gifts or grants in any form from any public agency or from any other source;
(17) Do any and all things necessary to carry out its purposes and exercise the powers given and granted in this chapter; [
and](18) Allow satisfaction of any affordable housing requirements imposed by the authority upon any proposed development project through the construction of reserved housing, as defined in section 206E-101, by a person on land located outside the geographic boundaries of the authority's jurisdiction; provided that the authority shall not permit any person to make cash payments in lieu of providing reserved housing, except to account for any fractional unit that results after calculating the percentage requirement against residential floor space or total number of units developed. The substituted housing shall be located on the same island as the development project and shall be substantially equal in value to the required reserved housing units that were to be developed on site. The authority shall establish the following priority in the development of reserved housing:
(A) Within the community development district;
(B) Within areas immediately surrounding the community development district;
(C) Areas within the central urban core;
(D) In outlying areas within the same island as the development project.
The Hawaii community development authority shall adopt rules relating to the approval of reserved housing that are developed outside of a community development district. The rules shall include, but are not limited to, the establishment of guidelines to ensure compliance with the above priorities[
.]; and(19) Assist the public land development corporation established by section -3 in identifying public lands that may be suitable for development, carrying on marketing analysis to determine the best revenue-generating programs for the public lands identified, entering into public-private agreements to appropriately develop the public lands identified, and providing the leadership for the development, financing, improvement, or enhancement of the selected development opportunities; provided that no assistance shall be provided unless the authority authorizes the assistance."
SECTION 3. There is appropriated out of the land conservation fund established pursuant to section 173A-5, Hawaii Revised Statutes, the sum of $135,500 or so much thereof as may be necessary for fiscal year 2011-2012 and the same sum or so much thereof as may be necessary for fiscal year 2012-2013 for:
(1) The establishment and operation of the public land development corporation; and
(2) The funding for three staff positions as follows:
(A) Executive director of the corporation;
(B) A planner; and
(C) A project-development specialist.
The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 4. 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, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2011.
Report Title:
Public Land Development Corporation; DLNR; Appropriation
Description:
Establishes the public land development corporation to administer an appropriate and culturally-sensitive public land development program. Allows the HCDA to provide assistance to the public land development corporation. Appropriates funds for the corporation and three staff positions. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Everyone -
Descendants of the Sovereign Exists..........
Descendants of the Permanent Members of the House of Nobles Exist............
The Leprechaun/Lepre CON Governor is NOT Related to us.............
The Corporation/corporation created by the Pirate Entity State of Hawaii is NOT Related to us......
The Provisional entity/claiming themselves to be a government were treasonous persons supported by the U.S. They turned themselves into a Republic, then Territory, then State with oppositions documented every step of the way.
Information is available which shows Oppositions against their wrongdoing:
* Queen Liliuokalani documented oppositions/ opposed Americans who criminally usurped her position, Sovereign of a neutral, friendly nation
* 40,000 subjects/citizens of Ko Hawaii Pae Aina who supported Queen Liliuokalani documented oppositions.
* Harold Abel Cathcart - opposed Statehood and documented in a number of court cases, as well as with former Judge Samuel King (deceased). He was a first cousin of my great grandmother.
* Herbert Pratt - documented oppositions in courts.
* Kalani Hatchie - documented oppositions in courts.
* Andrew Hatchie - documented oppositions in courts.
* Helelani Rabago - documented oppositions in courts.
* Peggy Hao opposed and arrested.
* Helelani Rabago's brother Bennie - documented oppositions in courts.
* Calvin Santos documented oppositions in courts.
* Amelia Gora documented oppositions in courts.
* Bumpy Kanahele documented oppositions and spent time in jail.
* Kealoha Kuhia documented oppositions and spent time in jail because of OHA.
* Raymond Kamaka documented oppositions and spent time in jail because of taxes.
* Donald Lewis documented oppositions in court.
* Keanu Sai documented oppositions in court.
* Mahealani Ventura Oliver documented oppositions in court.
* Charles Ahlo documented oppositions in court.
* Stephanie Tabbada /Grace family documented oppositions in court.
*Akahi Nui documented oppositions in court.
* Alex Luka documented oppositions in court.
* Jon Osorio documented oppositions in court.
* Kamehameha 6th documented oppositions in court.
*Routh Bolomet documented oppositions in court.
* Amelia Gora and many others documented oppositions in court.
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The Model State Emergency Health Powers Act: An Assault on Civil Liberties in the Name of Homeland Security
By Sue BlevinsJune 10, 2002
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A number of people have asked me what health freedom could possibly have to do with homeland security. Let me assure you that there is a major connection. It's called the Model State Emergency Health Powers Act. Those who have heard of it are far outnumbered by those who have not. And, as proposed, the Model State Emergency Health Powers Act will impact our individual freedoms and civil liberties for years to come.
A HIDDEN AGENDA
In response to the tragedy of September 11, the U.S. Department of Health and Human Services announced its support for model legislation. The goal was to provide federal funds to states to encourage the enactment of legislation to prevent and detect bioterrorist attacks. Drafted for the Centers for Disease Control by academicians from the Center for Law and the Public's Health at Georgetown and Johns Hopkins Universities, the so-called Model State Emergency Health Powers Act was released on October 23, 2001.
It is noteworthy that a key attorney who assisted in drafting this proposal was also very involved in Hillary Clinton's health care task force nearly a decade ago. It is also significant that two articles related to this proposal were published or prepared well before the Trade Center attacks. In January 1999, in a Columbia Law Review article, a plan was presented for changing public health laws. A similar plan appeared in an American Journal of Public Health article, published coincidentally in September 2001, but accepted for publication in March 2001.
It appears that this model legislation--formulated long before the terrorism of last fall--actually represents the promotion and expansion of a long-standing agenda. As these proposals come before the individual states, our elected officials should be aware of this history and examine carefully all proposals submitted to them.
Although this model legislation was recommended as a means to help states protect citizens against bioterrorist attacks and deal with national defense issues, the draft bill goes much, much further. It calls for giving state public health officials broad, new police powers--all in the name of controlling epidemics of infectious diseases during public health emergencies.
Furthermore, with an equally broad stroke, this model legislation defines "infectious disease" as "a disease caused by a living organism." As drafted, the October 23, 2001, proposal stresses that "an infectious disease may or may not be transmissible from person to person, animal to person or insect to person." Thus, any disease caused by a living organism could be classified as an infectious disease creating or invoking a public health emergency.
It is these broad definitions--painted with an overly broad brush in equally broad language--that our state officials and our state-based think tanks must be alerted to, aware of, and involved in examining as similar bills advance on state legislative agendas.
Key to all of this is what may or may not be considered or defined as a "public health emergency."
A THREAT TO FUNDAMENTAL RIGHTS
Under this legislative proposal, once a public health emergency is declared, governors and state public health authorities would be granted greatly expanded police powers. While a few other actions are enumerated, I want to bring to your attention 10 main powers conveyed into the hands of only a very few individuals by this model plan.
Under the Model State Emergency Health Powers Act, upon the declaration of a "public health emergency," governors and public health officials would be empowered to:
As you can imagine, citizens across the country--at least the ones who were informed about it--were quite concerned about this model legislation. The American Legislative Exchange Council and other groups immediately began tracking the issue and reporting on how such legislation could affect citizens' individual freedoms and property rights. As Time magazine recently reported, gun activists were some of the strongest and most influential opponents.
Consequently, a revised model bill was released on December 21, 2001. Both models--which the states are using in formulating legislation--are on line at www.publichealthlaw.net. I encourage you to read them.
In an attempt to make the October draft appear less authoritarian, several words were changed in the December draft. For example, the revised language calls for "protecting" persons rather than "controlling" persons during a public health emergency. It says that the state would "manage" private property rather than "control" private property during a public health emergency. And it removes any direct mention of rationing firearms or alcoholic beverages but still retains the right to ration "other commodities," which clearly could be interpreted to include guns and alcoholic beverages--or many other items for that matter.
The revised model bill also contained two major changes. For those who may have been concerned initially about the new police powers granted, the revised text actually broadens them to include local governments as well as state officials. Furthermore, the revised language incorporates powers over medical licensing laws. Thus, health care facilities, doctors, and other providers will have to abide by added licensure requirements during a public health emergency to maintain or guarantee their right to practice medicine or run a health care business.
A DENIAL OF CONSCIENCE
How this medical licensure clause would affect doctors' freedom of conscience--and medical freedom for us all--must be scrutinized.
The state of Maryland's draft bill--one of the worst in the country, in my opinion--includes this language: "If the health care practitioner fails to comply with an order, regulation or directive, the secretary may request the appropriate licensing board to take disciplinary action against the health care practitioner." It goes on to authorize the imposition of fines of up to $10,000 for each offense.
What does this mean in practicality?
First, it means that a doctor, who might be opposed to abortion, would be forced by law during a public health emergency to administer a vaccine derived from fetal tissue. This legislation lays the groundwork for such a provision, and it clearly and absolutely infringes on doctors' and other health care providers' freedom of conscience.
Second, it means each of us as individuals is affected. Patients would not be able to refuse these treatments. Whether state exemptions--those granted for religious or philosophical reasons regarding selected vaccines or types of treatments--would remain in effect or not remains unclear. This legislation fails to clarify that such exemptions will not be overridden.
RECENT STATE ACTIVITY
According to the American Legislative Exchange Council, 24 states have actually introduced versions of the Model State Emergency Health Powers Act. On their Web site-- www.alec.org--a color-coded map, showing the status of this legislation in all 50 states, is maintained. According to their data, three states--New Mexico, South Dakota, and Utah--have passed legislation. Four states--Idaho, Washington, Wisconsin, and Wyoming--have either inactivated or defeated this legislation.1
Clearly this legislation is being considered by a significant number of states across the country. It is our duty in the public policy community to help educate, inform, and alert both our state officials and state-based think tank leaders to the challenge to our freedoms and liberties this extreme model legislation will have for years to come.
I truly hope our national leaders will reconsider the coercive provisions of this Model State Emergency Health Powers Act. We can and must find a better way to defend citizens against bioterrorism while protecting our precious individual freedoms--the very freedoms that this current war on terror is being waged to defend.
As a gentleman reminded me recently, "You can't defend freedom by eliminating it." I believe--and believe it should be evident to you--that this model plan, if enacted throughout the states, would indeed do just that: eliminate our freedom to choose our medical care and health treatment and potentially eliminate a broader range of our basic civil liberties.
Sue Blevins is President of the Institute for Health Freedom. Her remarks were delivered at the 25th Annual Resource Bank Meeting in Philadelphia, Pennsylvania.
http://www.heritage.org/research/lecture/the-model-state-emergency-...http://en.wikipedia.org/wiki/State_of_emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending rights and freedoms, even if guaranteed under the constitution. Such declarations usually come during a time of natural or man made disaster, during periods of civil unrest, or following a declaration of war or situation of international or internal armed conflict. Justitium is its equivalent in Roman law.
In some countries, the state of emergency and its effects on human rights and freedoms and governmental procedure are regulated by the constitution and/or a law that limits the powers that may be invoked. Rights and freedoms may be suspended during an emergency, for instance, freedom of movement, but not non-derogable rights.[1] In many countries it is illegal to modify the emergency law or the constitution during the emergency.
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[hide][edit] Use and viewpoints
Though fairly uncommon in democracies, dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime[citation needed]. In some situations, martial law is also declared, allowing the military greater authority to act. In other situations, emergency is not declared and de facto measures taken or decree-law adopted by the government. Ms. Nicole Questiaux (France) and Mr. Leandro Despouy (Argentina), two consecutive United Nations Special Rapporteurs have recommended to the international community to adopt the following "principles" to be observed during a state or de facto situation of emergency : Principles of Legality, Proclamation, Notification, Time Limitation, Exceptional Threat, Proportionality, Non-Discrimination, Compatibility, Concordance and Complementarity of the Various Norms of International Law . (cf: "Question of Human Rights and State of Emergency", E/CN.4/Sub.2/1997/19, at Chapter II; see also (French) état d'exception )
Article 4 to the International Covenant on Civil and Political Rights (ICCPR), permits states to derogate from certain rights guaranteed by the ICCPR in "time of public emergency". Any measures derogating from obligations under the Covenant, however, must only be to the extent required by the exigencies of the situation, and must be announced by the State Party to the Secretary-General of the United Nations. The European and American Conventions on Human Rights have similar derogatory provisions. No derogation is permitted to the International Labour Conventions.
Some political theorists, such as Carl Schmitt, have argued that the power to decide the initiation of the state of emergency defines sovereignty itself. In State of Exception (2005), Giorgio Agamben criticized this idea, arguing that the mechanism of the state of emergency deprives certain people of their civil and political rights, producing his interpretation of homo sacer.[2]
[edit] Abuse
The state of emergency can be abused by being invoked, for example, to allow a state to suppress internal opposition without having to respect human rights. An example was the August 1991 attempted coup in the Soviet Union (USSR) where the coup leaders invoked a state of emergency; the failure of the coup led to the dissolution of the Soviet Union.
Derogations by states having ratified or acceeded to binding international agreements such as the ICCPR, the American and European Conventions on Human Rights and the International Labour Conventions are monitored by independent expert committees, regional Courts and other State Parties.