Agribusiness development corporation; board of directors; established
HRS §163D-3
in effect163D-3. Agribusiness development corporation; board of directors; established
(a) There is established the agribusiness 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 a board of directors. The corporation shall be placed within the department of business, economic development, and tourism for administrative purposes, but the corporation may later incorporate as a nonprofit corporation if this proves desirable to further its objectives; provided that reorganization as a nonprofit corporation shall not adversely affect the federal tax status of the interest on any bonds issued to finance any project or project facility.
(b) The board of directors of the corporation
shall consist of eleven voting members, of whom eight shall be appointed by the
governor. The terms of these eight members shall be four years; provided that,
commencing on July 1, 2005, the governor shall reduce the terms of those
initially appointed so as to provide, as nearly as can be, for the expiration
of an equal number of terms at intervals of one year. The eight members shall
be selected on the basis of their knowledge, experience, and proven expertise
in small and large businesses within the agricultural industry, agricultural
economics, banking, real estate, finance, promotion, marketing, local food
production, and management. Of these eight members, one shall be from the city
and county of Honolulu, one shall be from the county of Hawaii, one shall be
from the county of Maui, one shall be from the county of Kauai, and four shall
be appointed at-large. The director of business, economic development, and
tourism; the chairperson of the board of agriculture and biosecurity; and the
chairperson of the board of land and natural resources, or their designated
representatives, shall be ex-officio, voting members of the board. All members
shall continue in office until their respective successors have been appointed
and qualified. The board shall annually elect its chairperson from among its
members; provided that the chairperson shall not be an ex-officio member.
(c) The members of the board shall serve
without compensation, but shall be reimbursed for actual expenses incurred in
the performance of their duties.
(d) 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.
(e) The board shall develop and document
annual goals and performance measures for the executive director that allow the
board to annually evaluate the executive director's work to ensure compliance
by the corporation with statutory requirements and achievement of its statutory
purposes.
(f) The board shall evaluate and document the
evaluation of the executive director's performance annually, or more frequently
upon the request of at least four board members, based on annual goals,
performance measures, and other relevant criteria.
(g) The board shall document the specific
authority delegated to the executive director, including but not limited to the
types of access and use of corporation property that the executive director may
approve without notice to or approval by the board, and the rent credits and
other amendments to board-approved contract terms that the executive director
may approve without notice to or approval by the board.
(h) 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.
[L 1994,
c 264, pt of §1; am L 1998, c 111, §5 and c 176, §5; am L 1999, c 117, §§1, 3,
6(1); am L 2000, c 253, §150; am L 2001, c 213, §§2, 3; am L 2003, c 91, §§1 to
3; am L 2004, c 29, §2; am L 2022, c 219, §4; am L 2025, c 236, §18]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0163D/HRS_0163D-0003.htmFetched: 11/10/2026