| 47 | | - | SECTION 1. (a) The legislative reference bureau shall conduct a study of the implementation of a housing savings account system. (b) Each housing savings account in the system to be studied shall consist of: (1) Contributions of an employee; and (2) Contributions of an employer matched to the contributions of an employee. (c) Funds contributed to a housing savings account in the system to be studied shall be utilized for the following purposes: (1) Downpayments; (2) Mortgage payments; (3) Rent; and (4) Security deposits. (d) The study shall consider the following: (1) Problems or barriers to the implementation of a housing savings account system; (3) Attitudes and concerns among residents and employees in the State regarding a housing savings account system; (4) Components required for a housing savings account to be feasible in the State; (5) The feasibility of including independent contractors in the housing savings account system; (6) A mechanism that exempts moneys in the housing savings account from an individual's total assets as calculated under title 24 Code of Federal Regulations section 5.609 in order to prevent those in public housing from being disqualified from those programs; and (7) Any other matters deemed necessary or relevant to the study. (e) The legislative reference bureau shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2023. SECTION 2. This Act shall take effect upon its approval. |
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| 47 | + | SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter Housing savings account § -1 Definitions. As used in this chapter: "Board" means the housing savings account board. "Employee" means any individual who is on the employer's payroll and works in a full-time or part-time position. "Employee" includes any individual who is entitled to payment of a minimum wage from an employer under the Hawaii minimum wage law. "Employer" means any individual, partnership, association, company, trust, corporation, or the personal representative of the estate of a deceased individual or the receiver, trustee, or successor of any of the same, employing any individual. § -2 Housing savings account system; established. There shall be established a housing savings account system. It shall have the powers and privileges of a corporation and shall be known as the "Housing Savings Account System" and by that name may sue or be sued, transact all of its business, invest all of its funds, and hold all of its cash, securities, and other property. § -3 General administration of the system. The general administration and responsibility for the proper operation of the housing savings account system and for making effective the provisions of this chapter are vested in the board. § -4 Housing savings account board. (a) There is established within the department of budget and finance, for administrative purposes, the housing savings account board. The board shall consist of eight members as follows: (1) The director of finance or the director's designee, who shall serve as chair of the board; (2) The director of human services or the director's designee; (3) The director of commerce and consumer affairs or the director's designee; (4) A representative of employers, to be appointed by the governor; (5) A representative with experience in the field of investments, to be appointed by the governor; (6) A representative of an association representing employees, to be appointed by the governor; (7) A member of the senate, to be appointed by the president of the senate, who shall be a nonvoting advisory member of the board; and (8) A member of the house of representatives, to be appointed by the speaker of the house of representatives, who shall be a nonvoting advisory member of the board. (b) Members of the board appointed by the governor shall be subject to the advise and consent of the senate. (c) The term of office of each member of the board appointed by the governor shall be four years and shall serve at the pleasure of the governor. The member of the senate shall serve at the pleasure of the president of the senate. The member of the house of representatives shall serve at the pleasure of the speaker of the house of representative. A member shall be eligible for reappointment. Members pursuant to subsection (a)(1) through (3) shall serve in an ex officio capacity. (d) If there is a vacancy for any reason, the respective appointing party shall make an appointment to become effective immediately for the unexpired term; provided that appointments made by the governor shall be subject to the requirements of section 26-34(c). (e) A majority of the voting members of the board shall constitute a quorum for the transaction of business. (f) The members of the board shall serve without compensation but shall be reimbursed for travel and other necessary expenses in the performance of their official duties. (g) The board may employ, without regard to chapter 76, staff necessary for the performance of its functions and fix their compensation. (h) The board may establish rules pursuant to chapter 91 for the general administration of this chapter. § -5 Housing savings account; established; employer participation. (a) Each employer in the State shall offer to its employees the opportunity to contribute to a housing savings account through payroll deduction. (b) An employer in the State may match an employee's contribution into each employee's housing savings account. (c) Funds contributed into a housing savings account shall not be exempt from chapter 235 and shall not receive any additional tax benefits. (d) Funds contributed into a housing savings account may be used for any purpose, including but not limited to: (1) Downpayments; (2) Mortgage payments; (3) Rent; or (4) Security deposits. An employee may withdraw funds from their housing savings account at any time without any penalty. § -6 Enrollment. Each employer shall enroll every employee who enters or reenters employment with the employer and who accepts participation in the employee's housing savings account and shall file with the board information as the board may require for the employee's housing savings account for the employee for enrollment and for administrative purposes. § -7 Employee contributions. (a) Each employee in the State shall automatically contribute to a housing savings account; provided that an employee may elect to opt out of contributing to a housing savings account at any time. (b) The default contribution rate each employee in the State contributes into their individual housing savings account shall be five per cent of the employee's compensation; provided that an employee may elect to contribute a different amount on a form to be developed by the employer." SECTION 2. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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| 57 | | - | (c) Funds contributed to a housing savings account in the system to be studied shall be utilized for the following purposes: |
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| 57 | + | "Board" means the housing savings account board. |
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| 58 | + | |
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| 59 | + | "Employee" means any individual who is on the employer's payroll and works in a full-time or part-time position. "Employee" includes any individual who is entitled to payment of a minimum wage from an employer under the Hawaii minimum wage law. |
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| 60 | + | |
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| 61 | + | "Employer" means any individual, partnership, association, company, trust, corporation, or the personal representative of the estate of a deceased individual or the receiver, trustee, or successor of any of the same, employing any individual. |
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| 62 | + | |
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| 63 | + | § -2 Housing savings account system; established. There shall be established a housing savings account system. It shall have the powers and privileges of a corporation and shall be known as the "Housing Savings Account System" and by that name may sue or be sued, transact all of its business, invest all of its funds, and hold all of its cash, securities, and other property. |
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| 64 | + | |
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| 65 | + | § -3 General administration of the system. The general administration and responsibility for the proper operation of the housing savings account system and for making effective the provisions of this chapter are vested in the board. |
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| 66 | + | |
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| 67 | + | § -4 Housing savings account board. (a) There is established within the department of budget and finance, for administrative purposes, the housing savings account board. The board shall consist of eight members as follows: |
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| 68 | + | |
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| 69 | + | (1) The director of finance or the director's designee, who shall serve as chair of the board; |
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| 70 | + | |
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| 71 | + | (2) The director of human services or the director's designee; |
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| 72 | + | |
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| 73 | + | (3) The director of commerce and consumer affairs or the director's designee; |
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| 74 | + | |
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| 75 | + | (4) A representative of employers, to be appointed by the governor; |
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| 76 | + | |
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| 77 | + | (5) A representative with experience in the field of investments, to be appointed by the governor; |
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| 78 | + | |
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| 79 | + | (6) A representative of an association representing employees, to be appointed by the governor; |
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| 80 | + | |
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| 81 | + | (7) A member of the senate, to be appointed by the president of the senate, who shall be a nonvoting advisory member of the board; and |
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| 82 | + | |
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| 83 | + | (8) A member of the house of representatives, to be appointed by the speaker of the house of representatives, who shall be a nonvoting advisory member of the board. |
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| 84 | + | |
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| 85 | + | (b) Members of the board appointed by the governor shall be subject to the advise and consent of the senate. |
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| 86 | + | |
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| 87 | + | (c) The term of office of each member of the board appointed by the governor shall be four years and shall serve at the pleasure of the governor. The member of the senate shall serve at the pleasure of the president of the senate. The member of the house of representatives shall serve at the pleasure of the speaker of the house of representative. A member shall be eligible for reappointment. Members pursuant to subsection (a)(1) through (3) shall serve in an ex officio capacity. |
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| 88 | + | |
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| 89 | + | (d) If there is a vacancy for any reason, the respective appointing party shall make an appointment to become effective immediately for the unexpired term; provided that appointments made by the governor shall be subject to the requirements of section 26-34(c). |
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| 90 | + | |
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| 91 | + | (e) A majority of the voting members of the board shall constitute a quorum for the transaction of business. |
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| 92 | + | |
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| 93 | + | (f) The members of the board shall serve without compensation but shall be reimbursed for travel and other necessary expenses in the performance of their official duties. |
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| 94 | + | |
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| 95 | + | (g) The board may employ, without regard to chapter 76, staff necessary for the performance of its functions and fix their compensation. |
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| 96 | + | |
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| 97 | + | (h) The board may establish rules pursuant to chapter 91 for the general administration of this chapter. |
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| 98 | + | |
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| 99 | + | § -5 Housing savings account; established; employer participation. (a) Each employer in the State shall offer to its employees the opportunity to contribute to a housing savings account through payroll deduction. |
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| 100 | + | |
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| 101 | + | (b) An employer in the State may match an employee's contribution into each employee's housing savings account. |
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| 102 | + | |
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| 103 | + | (c) Funds contributed into a housing savings account shall not be exempt from chapter 235 and shall not receive any additional tax benefits. |
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| 104 | + | |
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| 105 | + | (d) Funds contributed into a housing savings account may be used for any purpose, including but not limited to: |
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| 73 | | - | (4) Components required for a housing savings account to be feasible in the State; |
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| 74 | | - | |
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| 75 | | - | (5) The feasibility of including independent contractors in the housing savings account system; |
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| 76 | | - | |
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| 77 | | - | (6) A mechanism that exempts moneys in the housing savings account from an individual's total assets as calculated under title 24 Code of Federal Regulations section 5.609 in order to prevent those in public housing from being disqualified from those programs; and |
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| 78 | | - | |
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| 79 | | - | (7) Any other matters deemed necessary or relevant to the study. |
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| 80 | | - | |
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| 81 | | - | (e) The legislative reference bureau shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2023. |
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| 121 | + | (b) The default contribution rate each employee in the State contributes into their individual housing savings account shall be five per cent of the employee's compensation; provided that an employee may elect to contribute a different amount on a form to be developed by the employer." |
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