Hawaii 2024 Regular Session

Hawaii Senate Bill SB3111 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 3111 THIRTY-SECOND LEGISLATURE, 2024 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:
2	2
3	3	THE SENATE S.B. NO. 3111
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	3111
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2024
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that the Hawaii community development authority is tasked with promoting and coordinating public and private sector community development and to plan for the development of underutilized areas of Hawaii. The purpose of this Act is to add the chairperson of the Hawaiian homes commission or the chairperson's designee to the Hawaii community development authority. SECTION 2. 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; the director of business, economic development, and tourism or the director's designee; the chairperson of the board of land and natural resources; the chairperson of the Hawaiian homes commission or the chairperon's designee, who shall serve as a non-voting member and shall not be considered in determining quorum and majority; the director of planning or planning and permitting of each county in which a community development district is located or the director's designee; a cultural specialist; an at-large member nominated by the president of the senate; an at-large member nominated by the speaker of the house of representatives; two representatives of the Heeia community development district, comprising one resident 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; two representatives of the Kalaeloa community development district, comprising one resident 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; two representatives of the Kakaako community development district, comprising one resident of the district and one owner of a small business or one officer or director of a nonprofit organization in the district; and two representatives of the Pulehunui community development district, consisting of one resident of the island of Maui, and one owner of a small business or one officer or director of a nonprofit organization on the island of Maui. All members except the director of finance, director of transportation, county directors of planning or planning and permitting, director of business, economic development, and tourism, chairperson of the board of land and natural resources, chairperson of the Hawaiian homes commission, or their respective designees shall be appointed by the governor pursuant to section 26-34. The two at-large members nominated by the president of the senate and speaker of the house of representatives shall each be invited to serve and appointed by the governor from a list of three 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 six nominees for each district to the governor to fill the two district representative positions for each community development district. For each community development district, the governor shall appoint one member from a list of nominees submitted by the president of the senate and one member from a list of nominees submitted by the speaker of the house of representatives, and of the two appointees, one shall meet the district residency requirement and one shall meet the district small business owner or nonprofit organization officer or director requirement. 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 director of business, economic development, and tourism or the director's designee; (D) The director of planning and permitting for the county in which the Heeia community development district is located or the director's designee; (E) The cultural specialist; (F) The two at-large members; and (G) The two representatives of the Heeia community development district; (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, except that the chairperson of the Hawaiian homes commission or the chairperson's designee, who shall serve as a nonvoting member, shall not be considered in determining quorum and majority: (A) The director of finance or the director's designee; (B) The director of transportation or the director's designee; (C) The director of business, economic development, and tourism or the director's designee; (D) The director of planning and permitting for the county in which the Kalaeloa community development district is located or the director's designee; (E) The cultural specialist; (F) The two at-large members; [and] (G) The two representatives of the Kalaeloa community development district; and (H) The chairperson of the Hawaiian homes commission or the chairperson's designee, who shall serve as a nonvoting member 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 director of business, economic development, and tourism or the director's designee; (D) The director of planning and permitting for the county in which the Kakaako community development district is located or the director's designee; (E) The cultural specialist; (F) The two at-large members; and (G) The two representatives of the Kakaako community development district; and (4) For matters affecting the Pulehunui 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 director of business, economic development, and tourism or the director's designee; (D) The director of planning for the county in which the Pulehunui community development district is located or the director's designee; (E) The chairperson of the board of land and natural resources or the chairperson's designee; (F) The cultural specialist; (G) The two at-large members; and (H) The two representatives of the Pulehunui community development district. 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 or planning and permitting; director of business, economic development, and tourism; [and] chairperson of the board of land and natural resources; 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. 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 three 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 that is independently owned and that is not dominant in its field of operation." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ BY REQUEST
48	48
49	49	SECTION 1. The legislature finds that the Hawaii community development authority is tasked with promoting and coordinating public and private sector community development and to plan for the development of underutilized areas of Hawaii. The purpose of this Act is to add the chairperson of the Hawaiian homes commission or the chairperson's designee to the Hawaii community development authority.
50	50
51	51	SECTION 2. Section 206E-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
52	52
53	53	"(b) The authority shall consist of the director of finance or the director's designee; the director of transportation or the director's designee; the director of business, economic development, and tourism or the director's designee; the chairperson of the board of land and natural resources; the chairperson of the Hawaiian homes commission or the chairperon's designee, who shall serve as a non-voting member and shall not be considered in determining quorum and majority; the director of planning or planning and permitting of each county in which a community development district is located or the director's designee; a cultural specialist; an at-large member nominated by the president of the senate; an at-large member nominated by the speaker of the house of representatives; two representatives of the Heeia community development district, comprising one resident 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; two representatives of the Kalaeloa community development district, comprising one resident 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; two representatives of the Kakaako community development district, comprising one resident of the district and one owner of a small business or one officer or director of a nonprofit organization in the district; and two representatives of the Pulehunui community development district, consisting of one resident of the island of Maui, and one owner of a small business or one officer or director of a nonprofit organization on the island of Maui.
54	54
55	55	All members except the director of finance, director of transportation, county directors of planning or planning and permitting, director of business, economic development, and tourism, chairperson of the board of land and natural resources, chairperson of the Hawaiian homes commission, or their respective designees shall be appointed by the governor pursuant to section 26-34. The two at-large members nominated by the president of the senate and speaker of the house of representatives shall each be invited to serve and appointed by the governor from a list of three nominees submitted for each position by the nominating authority specified in this subsection.
56	56
57	57	The president of the senate and the speaker of the house of representatives shall each submit a list of six nominees for each district to the governor to fill the two district representative positions for each community development district. For each community development district, the governor shall appoint one member from a list of nominees submitted by the president of the senate and one member from a list of nominees submitted by the speaker of the house of representatives, and of the two appointees, one shall meet the district residency requirement and one shall meet the district small business owner or nonprofit organization officer or director requirement.
58	58
59	59	The authority shall be organized and shall exercise jurisdiction as follows:
60	60
61	61	(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:
62	62
63	63	(A) The director of finance or the director's designee;
64	64
65	65	(B) The director of transportation or the director's designee;
66	66
67	67	(C) The director of business, economic development, and tourism or the director's designee;
68	68
69	69	(D) The director of planning and permitting for the county in which the Heeia community development district is located or the director's designee;
70	70
71	71	(E) The cultural specialist;
72	72
73	73	(F) The two at-large members; and
74	74
75	75	(G) The two representatives of the Heeia community development district;
76	76
77	77	(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, except that the chairperson of the Hawaiian homes commission or the chairperson's designee, who shall serve as a nonvoting member, shall not be considered in determining quorum and majority:
78	78
79	79	(A) The director of finance or the director's designee;
80	80
81	81	(B) The director of transportation or the director's designee;
82	82
83	83	(C) The director of business, economic development, and tourism or the director's designee;
84	84
85	85	(D) The director of planning and permitting for the county in which the Kalaeloa community development district is located or the director's designee;
86	86
87	87	(E) The cultural specialist;
88	88
89	89	(F) The two at-large members; [and]
90	90
91	91	(G) The two representatives of the Kalaeloa community development district; and
92	92
93	93	(H) The chairperson of the Hawaiian homes commission or the chairperson's designee, who shall serve as a nonvoting member and shall not be considered in determining quorum and majority;
94	94
95	95	(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:
96	96
97	97	(A) The director of finance or the director's designee;
98	98
99	99	(B) The director of transportation or the director's designee;
100	100
101	101	(C) The director of business, economic development, and tourism or the director's designee;
102	102
103	103	(D) The director of planning and permitting for the county in which the Kakaako community development district is located or the director's designee;
104	104
105	105	(E) The cultural specialist;
106	106
107	107	(F) The two at-large members; and
108	108
109	109	(G) The two representatives of the Kakaako community development district; and
110	110
111	111	(4) For matters affecting the Pulehunui community development district, the following members shall be considered in determining quorum and majority and shall be eligible to vote:
112	112
113	113	(A) The director of finance or the director's designee;
114	114
115	115	(B) The director of transportation or the director's designee;
116	116
117	117	(C) The director of business, economic development, and tourism or the director's designee;
118	118
119	119	(D) The director of planning for the county in which the Pulehunui community development district is located or the director's designee;
120	120
121	121	(E) The chairperson of the board of land and natural resources or the chairperson's designee;
122	122
123	123	(F) The cultural specialist;
124	124
125	125	(G) The two at-large members; and
126	126
127	127	(H) The two representatives of the Pulehunui community development district.
128	128
129	129	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.
130	130
131	131	The terms of the director of finance; director of transportation; county directors of planning or planning and permitting; director of business, economic development, and tourism; [and] chairperson of the board of land and natural resources; 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. 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 three members shall be for four years.
132	132
133	133	The governor may remove or suspend for cause any member after due notice and public hearing.
134	134
135	135	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.
136	136
137	137	For purposes of this section, "small business" means a business that is independently owned and that is not dominant in its field of operation."
138	138
139	139	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
140	140
141	141	SECTION 4. This Act shall take effect upon its approval.
142	142
143	143
144	144
145	145	INTRODUCED BY: _____________________________
146	146	BY REQUEST
147	147
148	148	INTRODUCED BY:
149	149
150	150	_____________________________
151	151
152	152
153	153
154	154
155	155
156	156	BY REQUEST
157	157
158	158	Report Title: HCDA; Membership Description: Adds the Chairperson of the Hawaiian Homes Commission or the Chairperson's designee as a nonvoting member to the Hawaii Community Development Authority. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
159	159
160	160
161	161
162	162
163	163
164	164	Report Title:
165	165
166	166	HCDA; Membership
167	167
168	168
169	169
170	170	Description:
171	171
172	172	Adds the Chairperson of the Hawaiian Homes Commission or the Chairperson's designee as a nonvoting member to the Hawaii Community Development Authority.
173	173
174	174
175	175
176	176
177	177
178	178
179	179
180	180	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.