Bill Text: HI SB2509 | 2012 | Regular Session | Introduced
Bill Title: Hawaii Community Development Authority; Kalaeloa Community Development District
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2012-01-23 - (S) Referred to WLH, JDL. [SB2509 Detail]
Download: Hawaii-2012-SB2509-Introduced.html
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THE SENATE |
S.B. NO. |
2509 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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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. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§206E- Kalaeloa community development district; representation to the Hawaii community development authority. (a) Five voting members shall be appointed to the authority by the governor to represent the Kalaeloa community development district. Members appointed pursuant to this section shall be in addition to members appointed pursuant to section 206E-3, shall be considered in determining quorum and majority only for issues relating to the Kalaeloa community development district, and shall vote only on issues relating to the Kalaeloa community development district.
(b) Members appointed pursuant to this section shall be exempt from the requirements of section 26-34 and shall be:
(1) The chairperson of the Hawaiian homes commission;
(2) The director of the city and county of Honolulu department of planning and permitting;
(3) One member who is determined by the authority to be a Hawaiian cultural specialist because the member possesses substantial experience, expertise, or knowledge of traditional Hawaiian customs and practices; and
(4) Two members, each of whom shall be a resident of either the Ewa or Waianae district; provided that one member appointed pursuant to this paragraph shall be appointed from a list of not fewer than three prospective appointees submitted by the mayor of the City and County of Honolulu.
The term of members appointed pursuant to paragraphs (1) and (2) shall be the entire period that those individuals meet the qualifications established by this subsection. The term of members appointed pursuant to paragraphs (3) and (4) shall be for four years, to commence on July 1 and to expire on June 30; provided that the governor may 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 two years. No person appointed pursuant to paragraph (4) shall be appointed to more than two consecutive terms or serve as a member of the authority for more than eight consecutive years.
(c) Any member appointed pursuant to this section whose term has expired and who is not disqualified for membership under subsection (b) may continue in office as a holdover member until a successor is appointed; provided that a holdover member shall not hold office beyond the end of the second regular legislative session following the expiration of the member's term of office.
(d) A vacancy in a membership authorized by this section shall be filled in the same manner as the original appointment as specified in subsection (b); provided that the vacancy shall be filled with a person who meets the same qualifications as the vacating member.
(e) The governor may remove or suspend for cause any member appointed pursuant to this section after due notice and public hearing."
SECTION 2. Section 206E-3, Hawaii Revised Statutes, is amended to read as follows:
"(b)
The authority shall consist of thirteen voting members. The director of
finance[,]; the director of business, economic development, and
tourism[,]; the comptroller[,]; and the director of
transportation, or their respective designated representatives, shall
serve as ex officio, voting members. One member shall be appointed by the
governor from a list of not [less] fewer than three prospective
appointees submitted by the president of the senate[,] and one member
shall be appointed by the governor from a list of not less than three
prospective appointees submitted by the speaker of the house of
representatives. Seven members shall be appointed by the governor for
staggered terms pursuant to section 26-34[; provided that four].
Four of these seven members shall be appointed at large and, initially, three
members, hereinafter referred to as county members, shall be selected from a
list of ten prospective appointees recommended by the local governing body of
the county in which the initial designated district is situated[; and
provided further that when vacancies occur]. Each time a vacancy occurs
in any of the three county members' positions [for which the members
were selected from a list of county recommendations], the governor shall
fill [such vacancies on the basis of one from a list of four recommendations,
two from a list of seven recommendations, or three from a list of ten
recommendations. The list of recommendations shall be made by the local
governing body of the county.] each vacancy as follows:
(1) A singly occurring vacancy shall be filled from a list of four nominees submitted by the local governing body of the county in which the initial designated district is situated;
(2) Two co-occurring vacancies shall be filled from a list of seven nominees submitted by the local governing body of the county in which the initial designated district is situated; and
(3) Three co-occurring vacancies shall be filled from a list of ten nominees submitted by the local governing body of the county in which the initial designated district is situated.
Of the nine [members
appointed either by the governor from the lists provided by the president of
the senate and speaker of the house, at-large by the governor, or as county
members recommended by the local governing body of the county in which the
initial designated district is situated,] appointed members of the
authority, at least two members shall represent small businesses and shall
be designated as the small business representatives on the [board whose]
authority. The purpose[,] of the small business representatives,
among other things, is to vote on matters before the [board] authority
that affect small businesses. [The] Each small business [representatives]
representative shall be [owners] an owner or active [managers]
manager of a small business with its principal place of operation
located within the physical boundaries of the initial designated district.
Notwithstanding section 84-14(a), the small business representatives shall not
be prohibited from voting on any matter concerning any district under the
board's jurisdiction; provided that the matter is not limited to solely
benefiting the specific interest of that member; and provided further
that the matter concerns broader interests within the district. If an additional district is designated by the
legislature, the total membership of the authority shall be increased [as
prescribed above] by the appointment of three additional members[,] according
to the process described above except as provided [for] in section [206E-191.]
206E- . Notwithstanding section 92-15, a majority of
all members shall constitute a quorum to do business, and the concurrence of a
majority of all members shall be necessary to make any action of the authority
valid; except that, on any matter relating solely to a specific community
development district, the members representing districts other than that
specific community development district shall neither vote, nor shall they be
counted to constitute a quorum, and concurrence shall be required of a majority
of that portion of the authority made up of all ex officio voting members,
members at large, and county and district members representing the district for
which action is being proposed for such action to be valid. All members shall
continue in office until their respective successors have been appointed and
qualified. Except as [herein] provided[,] in this section for
ex-officio members, 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 is
independently owned and which is not dominant in its field of operation."
SECTION 3. Section 206E-191, Hawaii Revised Statutes, is amended to read as follows:
"[[]§206E-191[]] Barbers Point
Naval Air Station redevelopment; power to redevelop established. (a) The
Hawaii community development authority shall be the designated agency of the
State to implement this part.
(b) The authority shall act as the local redevelopment authority to facilitate the redevelopment of Barbers Point Naval Air Station in accordance with the Barbers Point Naval Air Station community reuse plan. In addition to any other duties that the authority may have pursuant to this chapter, the authority's duties shall include but not be limited to:
(1) Coordinating with the Navy and other entities during the conveyance of properties and conducting remediation activities for the Barbers Point Naval Air Station community reuse plan;
(2) Assisting landholders designated by the plan to market their properties and process conveyance requests;
(3) Working with the Navy and others to ensure that
infrastructure support is provided to the existing developed area, referred to
as the ["]downtown area["], and other federally retained
areas;
(4) Developing the infrastructure necessary to support the implementation of the Barbers Point Naval Air Station community reuse plan; and
(5) Providing, to the extent feasible, maximum opportunity for the reuse of surplus property by private enterprise or state and county government.
[(c) Five additional voting members shall,
except as otherwise provided in this subsection, be appointed to the authority
by the governor to represent the Kalaeloa community development district.
These members shall be considered in determining quorum and majority only on
issues relating to the Kalaeloa community development district, and may vote
only on issues relating to the Kalaeloa community development district. These
members shall consist of:
(1) The chairperson of the Hawaiian homes commission;
(2) The director of the city and county of Honolulu
department of planning and permitting;
(3) Two members representing the surrounding
community for a term pursuant to section 26-34, one of which shall be selected
by the mayor of the city and county of Honolulu; and
(4) One member who is a Hawaiian cultural
specialist.]"
SECTION 4. The residency requirements established by section 1 of this Act for representatives of the Kalaeloa community development district to the Hawaii community development authority shall be applicable immediately upon the effective date of this Act. Any person serving a current and unexpired term pursuant to section 206E-191, Hawaii Revised Statutes, who does not meet the requirements of paragraph
206E- (b)(4), Hawaii Revised Statutes, as established by this Act, shall be ineligible to serve on the Hawaii community development authority as of the effective date of this Act and shall be replaced by a successor appointed pursuant to section 206E- , Hawaii Revised Statutes, as soon as practicable, notwithstanding the commencement date of July 1 that would otherwise be applicable. Notwithstanding sections 206E-3(b) and 206E- (c), Hawaii Revised Statutes, a member who is rendered ineligible to serve pursuant to this measure shall not continue in office until the member's successor has been appointed.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Hawaii Community Development Authority; Kalaeloa Community Development District
Description:
Clarifies residency requirements for community representatives of the Kalaeloa Community Development District to the Hawaii Community Development Authority. Makes conforming amendments.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
