Bill Text: HI HB2122 | 2018 | Regular Session | Amended
Bill Title: Relating To The Hawaii Community Development Authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-03-21 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [HB2122 Detail]
Download: Hawaii-2018-HB2122-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2122 |
TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that under existing law, the Honolulu city council, as the council of the county in which all of the Hawaii community development authority community development districts are located, nominates individuals to be appointed by the governor to the Hawaii community development authority to represent the Heeia, Kalaeloa, and Kakaako community development districts. The Hawaii community development authority includes among its membership three representatives of the Kakaako community development district, including two residents of the district and one owner of a small business or one officer or director of a nonprofit organization in the district. The legislature further finds that in 2017, confusion arose amongst Honolulu city council members regarding the nomination process for the authority members representing the Kakaako community development district. Given the important responsibility of these members in determining the development of designated areas of the State, the legislature finds that the nomination process of these members and the members representing the other community development districts should be amended.
The purpose of this Act is to:
(1) Clarify the interests that must be represented by members of the Hawaii community development authority representing community development districts; and
(2) Replace the county council with the speaker of the house of representatives and the president of the senate as the nominating authorities for Hawaii community development authority members who are representatives of the several community development districts.
SECTION 2. Section 206E-3, Hawaii Revised Statutes, is amended to read as follows:
"§206E-3 Hawaii community development authority; established. (a) There is established the Hawaii community development authority, which shall be a body corporate and a public instrumentality of the State, for the purpose of implementing this chapter. The authority shall be placed within the department of business, economic development, and tourism for administrative purposes.
(b) The authority shall consist of the following members:
(1) The director
of finance or the director's designee; [the]
(2) The director
of transportation or the director's designee; [a]
(3) A cultural
specialist; [an]
(4) An at-large
member; [an]
(5) An at-large
member [nominated] appointed by the governor from a list of three
nominees submitted by the [senate] president[; an] of the
senate;
(6) An at-large
member [nominated] appointed by the governor from a list of three
nominees submitted by the speaker of the house[; three] of
representatives;
(7) Three
representatives of the Heeia community development district, [comprising two]
which shall consist of the following:
(A) 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]
-- one appointed from a list of no less than three nominees submitted by the
president of the senate, and one appointed from a list of no less than three nominees
submitted by the speaker of the house of representatives; and
(B) One
owner or active manager of a small business or one officer or director
of a nonprofit organization [in] located and doing business within
the physical boundaries of 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] appointed from a combined list of no less
than two nominees submitted by the president of the senate and no less than two
nominees submitted by the speaker of the house of representatives;
(8) Three representatives
of the Kalaeloa community development district, [comprising two] which
shall consist of the following:
(A) 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] -- one appointed from a list of no less than three nominees submitted
by the president of the senate, and one appointed from a list of no less than
three nominees submitted by the speaker of the house of representatives; and
(B) One
owner or active manager of a small business or one officer or director
of a nonprofit organization [in] located and doing business within
the physical boundaries of the Ewa or Waianae zone, [nominated by the
county council of the county in which the Kalaeloa community development
district is located; three] appointed from a combined list of no less
than two nominees submitted by the president of the senate and no less than two
nominees submitted by the speaker of the house of representatives;
(9) Three
representatives of the Kakaako community development district, [comprising
two] which shall consist of the following:
(A) Two
residents of the district [and one] -- one appointed from a list of no
less than three nominees submitted by the president of the senate, and one
appointed from a list of no less than three nominees submitted by the speaker
of the house of representatives; and
(B) One
owner or active manager of a small business or one officer or director
of a nonprofit organization [in] located and doing business within
the physical boundaries of the district, [nominated by the county
council of the county in which the Kakaako community development district is
located; the] appointed from a combined list of no less than two nominees
submitted by the president of the senate and no less than two nominees submitted
by the speaker of the house of representatives;
(10) 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]
(11) The chairperson of the Hawaiian homes commission or the chairperson's designee, who shall serve in an ex officio, nonvoting capacity.
For the nine representatives of the
several community development districts, no person shall be nominated for more
than one seat.
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 and speaker of the house and the nine representatives of the
respective community development districts shall each be appointed by the
governor from a list of three nominees submitted for each position by the
nominating authority specified in this subsection.]
(c) 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; and
(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.
(d) 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.
(e) Notwithstanding
section 92-15, a majority of all eligible voting members as specified in this [subsection]
section shall constitute a quorum to do business, and the concurrence of
a majority of all eligible voting members as specified in this [subsection]
section 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] section shall be an
officer or employee of the State or any of its political subdivisions.
(f) For purposes of this section, "small
business" means a business [which] that is independently
owned and [which is not dominant in its field of operation.] has less
than employees on payroll within the physical
boundaries of the district where its principal place of operations takes place.
[(c)] (g) The authority shall appoint the executive
director who shall be the chief executive officer. The authority shall set the salary of the
executive director, who shall serve at the pleasure of the authority and shall
be exempt from chapter 76.
[(d)] (h) The authority shall annually elect the
chairperson and vice chairperson from among its members.
[(e)] (i) The members of the authority appointed under
subsection (b) shall serve without compensation, but each shall be reimbursed
for expenses, including travel expenses, incurred in the performance of their
duties."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Hawaii Community Development Authority; Small Business; County Council; Nomination; Heeia; Kalaeloa; Kakaako
Description:
Clarifies
the interests that must be represented by members of the HCDA representing
community development districts.
Requires the senate president and the speaker of the house of
representatives to nominate representatives of the several community
development districts to the HCDA, and requires those representatives to be
nominated for no more than one seat. Takes
effect on 07/01/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.