| 1 | 1 | | THE SENATE S.B. NO. 800 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to the hawaii community development authority. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 3 | 3 | | THE SENATE S.B. NO. 800 |
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| 4 | 4 | | THIRTY-FIRST LEGISLATURE, 2021 |
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| 5 | 5 | | STATE OF HAWAII |
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| 7 | 7 | | THE SENATE |
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| 9 | 9 | | S.B. NO. |
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| 11 | 11 | | 800 |
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| 13 | 13 | | THIRTY-FIRST LEGISLATURE, 2021 |
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| 17 | 17 | | STATE OF HAWAII |
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| 31 | 31 | | A BILL FOR AN ACT |
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| 37 | 37 | | relating to the hawaii community development authority. |
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| 43 | 43 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 47 | 47 | | SECTION 1. Section 206E-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The authority shall consist of the director of finance or the director's designee; the director of transportation or the director's designee; a cultural specialist; an at-large member; an at-large member nominated by the [senate] president[;] of the senate; an at-large member nominated by the speaker of the house[;] of representatives; three representatives of the Heeia community development district, comprising two residents of that district or the Koolaupoko district, which consists of sections 1 through 9 of zone 4 of the first tax map key division, and one owner of a small business or one officer or director of a nonprofit organization in the Heeia community development district or Koolaupoko district[, nominated by the county council of the county in which the Heeia community development district is located]; three representatives of the Kalaeloa community development district, comprising two residents of the Ewa zone (zone 9, sections 1 through 2) or the Waianae zone (zone 8, sections 1 through 9) of the first tax map key division, and one owner of a small business or one officer or director of a nonprofit organization in the Ewa or Waianae zone[, nominated by the county council of the county in which the Kalaeloa community development district is located]; three representatives of the Kakaako community development district, comprising two residents of the district and one owner of a small business or one officer or director of a nonprofit organization in the district[, nominated by the county council of the county in which the Kakaako community development district is located]; the director of planning and permitting of each county in which a community development district is located or the director's designee, who shall serve in an ex officio, nonvoting capacity; and the chairperson of the Hawaiian homes commission or the chairperson's designee, who shall serve in an ex officio, nonvoting capacity. All members except the director of finance, director of transportation, county directors of planning and permitting, and chairperson of the Hawaiian homes commission or their designees shall be appointed by the governor pursuant to section 26-34. The two at-large members nominated by the [senate] president of the senate and speaker of the house [and the nine representatives of the respective community development districts] of representatives shall each be appointed by the governor from a list of [three] two nominees submitted for each position by the nominating authority specified in this subsection. The president of the senate and the speaker of the house of representatives shall each submit a list of nine nominees to the governor to fill the three district representative positions on each community development district. Of the three nominees for each community development district, two nominees shall meet the district residency requirement, and one nominee shall meet the district small business owner or nonprofit organization officer or director requirement. For each community development district, the governor shall appoint one member from a list of nominees submitted by the president of the senate, one member from a list of nominees submitted by the speaker of the house of representatives, and one member to fill the remaining representative position required by this subsection. The authority shall be organized and shall exercise jurisdiction as follows: (1) For matters affecting the Heeia community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote: (A) The director of finance or the director's designee; (B) The director of transportation or the director's designee; (C) The cultural specialist; (D) The three at-large members; and (E) The three representatives of the Heeia community development district; provided that the director of planning and permitting of the relevant county or the director's designee shall participate in these matters as an ex officio, nonvoting member and shall not be considered in determining quorum and majority; (2) For matters affecting the Kalaeloa community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote: (A) The director of finance or the director's designee; (B) The director of transportation or the director's designee; (C) The cultural specialist; (D) The three at-large members; and (E) The three representatives of the Kalaeloa community development district; provided that the director of planning and permitting of the relevant county and the chairperson of the Hawaiian homes commission, or their respective designees, shall participate in these matters as ex officio, nonvoting members and shall not be considered in determining quorum and majority; (3) For matters affecting the Kakaako community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote: (A) The director of finance or the director's designee; (B) The director of transportation or the director's designee; (C) The cultural specialist; (D) The three at-large members; and (E) The three representatives of the Kakaako community development district; provided that the director of planning and permitting of the relevant county or the director's designee shall participate in these matters as an ex officio, nonvoting member and shall not be considered in determining quorum and majority. In the event of a vacancy, a member shall be appointed to fill the vacancy in the same manner as the original appointment within thirty days of the vacancy or within ten days of the senate's rejection of a previous appointment, as applicable. The terms of the director of finance, director of transportation, county directors of planning and permitting, and chairperson of the Hawaiian homes commission or their respective designees shall run concurrently with each official's term of office. The terms of the appointed voting members shall be for four years, commencing on July 1 and expiring on June 30; provided that the initial terms of all voting members initially appointed pursuant to Act 61, Session Laws of Hawaii 2014, shall commence on March 1, 2015. The governor shall provide for staggered terms of the initially appointed voting members so that the initial terms of four members selected by lot shall be for two years, the initial terms of four members selected by lot shall be for three years, and the initial terms of the remaining five members shall be for four years. The governor may remove or suspend for cause any member after due notice and public hearing. Notwithstanding section 92-15, a majority of all eligible voting members as specified in this subsection shall constitute a quorum to do business, and the concurrence of a majority of all eligible voting members as specified in this subsection shall be necessary to make any action of the authority valid. All members shall continue in office until their respective successors have been appointed and qualified. Except as herein provided, no member appointed under this subsection shall be an officer or employee of the State or its political subdivisions. For purposes of this section, "small business" means a business [which] that is independently owned and [which] that is not dominant in its field of operation." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval; provided that the existing representatives of the Heeia community development district, Kalaeloa community development district, and Kakaako community development district shall continue to serve until the expiration of their respective terms. INTRODUCED BY: _____________________________ |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. Section 206E-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: |
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| 50 | 50 | | |
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| 51 | 51 | | "(b) The authority shall consist of the director of finance or the director's designee; the director of transportation or the director's designee; a cultural specialist; an at-large member; an at-large member nominated by the [senate] president[;] of the senate; an at-large member nominated by the speaker of the house[;] of representatives; three representatives of the Heeia community development district, comprising two residents of that district or the Koolaupoko district, which consists of sections 1 through 9 of zone 4 of the first tax map key division, and one owner of a small business or one officer or director of a nonprofit organization in the Heeia community development district or Koolaupoko district[, nominated by the county council of the county in which the Heeia community development district is located]; three representatives of the Kalaeloa community development district, comprising two residents of the Ewa zone (zone 9, sections 1 through 2) or the Waianae zone (zone 8, sections 1 through 9) of the first tax map key division, and one owner of a small business or one officer or director of a nonprofit organization in the Ewa or Waianae zone[, nominated by the county council of the county in which the Kalaeloa community development district is located]; three representatives of the Kakaako community development district, comprising two residents of the district and one owner of a small business or one officer or director of a nonprofit organization in the district[, nominated by the county council of the county in which the Kakaako community development district is located]; the director of planning and permitting of each county in which a community development district is located or the director's designee, who shall serve in an ex officio, nonvoting capacity; and the chairperson of the Hawaiian homes commission or the chairperson's designee, who shall serve in an ex officio, nonvoting capacity. |
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| 52 | 52 | | |
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| 53 | 53 | | All members except the director of finance, director of transportation, county directors of planning and permitting, and chairperson of the Hawaiian homes commission or their designees shall be appointed by the governor pursuant to section 26-34. The two at-large members nominated by the [senate] president of the senate and speaker of the house [and the nine representatives of the respective community development districts] of representatives shall each be appointed by the governor from a list of [three] two nominees submitted for each position by the nominating authority specified in this subsection. The president of the senate and the speaker of the house of representatives shall each submit a list of nine nominees to the governor to fill the three district representative positions on each community development district. Of the three nominees for each community development district, two nominees shall meet the district residency requirement, and one nominee shall meet the district small business owner or nonprofit organization officer or director requirement. For each community development district, the governor shall appoint one member from a list of nominees submitted by the president of the senate, one member from a list of nominees submitted by the speaker of the house of representatives, and one member to fill the remaining representative position required by this subsection. |
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| 54 | 54 | | |
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| 55 | 55 | | The authority shall be organized and shall exercise jurisdiction as follows: |
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| 56 | 56 | | |
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| 57 | 57 | | (1) For matters affecting the Heeia community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote: |
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| 59 | 59 | | (A) The director of finance or the director's designee; |
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| 61 | 61 | | (B) The director of transportation or the director's designee; |
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| 63 | 63 | | (C) The cultural specialist; |
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| 65 | 65 | | (D) The three at-large members; and |
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| 67 | 67 | | (E) The three representatives of the Heeia community development district; |
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| 68 | 68 | | |
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| 69 | 69 | | provided that the director of planning and permitting of the relevant county or the director's designee shall participate in these matters as an ex officio, nonvoting member and shall not be considered in determining quorum and majority; |
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| 71 | 71 | | (2) For matters affecting the Kalaeloa community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote: |
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| 73 | 73 | | (A) The director of finance or the director's designee; |
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| 75 | 75 | | (B) The director of transportation or the director's designee; |
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| 77 | 77 | | (C) The cultural specialist; |
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| 79 | 79 | | (D) The three at-large members; and |
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| 81 | 81 | | (E) The three representatives of the Kalaeloa community development district; |
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| 82 | 82 | | |
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| 83 | 83 | | provided that the director of planning and permitting of the relevant county and the chairperson of the Hawaiian homes commission, or their respective designees, shall participate in these matters as ex officio, nonvoting members and shall not be considered in determining quorum and majority; |
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| 85 | 85 | | (3) For matters affecting the Kakaako community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote: |
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| 87 | 87 | | (A) The director of finance or the director's designee; |
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| 88 | 88 | | |
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| 89 | 89 | | (B) The director of transportation or the director's designee; |
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| 91 | 91 | | (C) The cultural specialist; |
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| 93 | 93 | | (D) The three at-large members; and |
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| 95 | 95 | | (E) The three representatives of the Kakaako community development district; |
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| 96 | 96 | | |
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| 97 | 97 | | provided that the director of planning and permitting of the relevant county or the director's designee shall participate in these matters as an ex officio, nonvoting member and shall not be considered in determining quorum and majority. |
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| 98 | 98 | | |
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| 99 | 99 | | In the event of a vacancy, a member shall be appointed to fill the vacancy in the same manner as the original appointment within thirty days of the vacancy or within ten days of the senate's rejection of a previous appointment, as applicable. |
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| 101 | 101 | | The terms of the director of finance, director of transportation, county directors of planning and permitting, and chairperson of the Hawaiian homes commission or their respective designees shall run concurrently with each official's term of office. The terms of the appointed voting members shall be for four years, commencing on July 1 and expiring on June 30; provided that the initial terms of all voting members initially appointed pursuant to Act 61, Session Laws of Hawaii 2014, shall commence on March 1, 2015. The governor shall provide for staggered terms of the initially appointed voting members so that the initial terms of four members selected by lot shall be for two years, the initial terms of four members selected by lot shall be for three years, and the initial terms of the remaining five members shall be for four years. |
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| 102 | 102 | | |
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| 103 | 103 | | The governor may remove or suspend for cause any member after due notice and public hearing. |
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| 104 | 104 | | |
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| 105 | 105 | | Notwithstanding section 92-15, a majority of all eligible voting members as specified in this subsection shall constitute a quorum to do business, and the concurrence of a majority of all eligible voting members as specified in this subsection shall be necessary to make any action of the authority valid. All members shall continue in office until their respective successors have been appointed and qualified. Except as herein provided, no member appointed under this subsection shall be an officer or employee of the State or its political subdivisions. |
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| 106 | 106 | | |
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| 107 | 107 | | For purposes of this section, "small business" means a business [which] that is independently owned and [which] that is not dominant in its field of operation." |
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| 108 | 108 | | |
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| 109 | 109 | | SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. |
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| 110 | 110 | | |
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| 111 | 111 | | SECTION 3. This Act shall take effect upon its approval; provided that the existing representatives of the Heeia community development district, Kalaeloa community development district, and Kakaako community development district shall continue to serve until the expiration of their respective terms. |
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| 115 | 115 | | INTRODUCED BY: _____________________________ |
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| 117 | 117 | | INTRODUCED BY: |
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| 118 | 118 | | |
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| 119 | 119 | | _____________________________ |
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| 125 | 125 | | Report Title: Hawaii Community Development Authority; Nomination and Appointment of Representative Members Description: Removes county councils as the nominating authority for members of the HCDA who serve as representatives of the Heeia, Kalaeloa, and Kakaako community development districts. Provides that the president of the senate and the speaker of the house of representatives shall each nominate representatives of each of the three community development districts. 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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| 131 | 131 | | Report Title: |
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| 132 | 132 | | |
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| 133 | 133 | | Hawaii Community Development Authority; Nomination and Appointment of Representative Members |
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| 136 | 136 | | |
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| 137 | 137 | | Description: |
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| 139 | 139 | | Removes county councils as the nominating authority for members of the HCDA who serve as representatives of the Heeia, Kalaeloa, and Kakaako community development districts. Provides that the president of the senate and the speaker of the house of representatives shall each nominate representatives of each of the three community development districts. |
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| 146 | 146 | | |
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| 147 | 147 | | 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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