Bill Text: HI SB2526 | 2016 | Regular Session | Introduced
Bill Title: Department of Business, Economic Development, and Tourism; State Corporations; Economy; Job Creation; Housing; Hawaii Community Development Authority; Hawaii Health Systems Corporation; Hawaii Public Housing Authority
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2016-01-27 - Referred to EET/HOU. [SB2526 Detail]
Download: Hawaii-2016-SB2526-Introduced.html
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THE SENATE |
S.B. NO. |
2526 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the department of business, economic development, and tourism.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the department of business, economic development, and tourism plays a vital and strategic role in moving Hawaii's economy forward. The legislature further finds that the department should be included in all discussions related to the economy, job creation, and housing. Although the department is a member of many administratively-attached state corporations, there are other state corporations, of which the department is not a member, that are critical to the State's economy.
Accordingly, the purpose of this Act is to add the department of business, economic development, and tourism as a member of the board of state corporations that have state agency representation.
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; a cultural specialist; an at-large member; an at-large member nominated by the senate president; an at-large member nominated by the speaker of the house; 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, director of business, economic development, and tourism, 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.
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;
[(C)] (D) The cultural
specialist;
[(D)] (E) The three at-large
members; and
[(E)] (F) 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 director of business, economic development, and tourism or the director's designee;
[(C)] (D) The cultural
specialist;
[(D)] (E) The three at-large
members; and
[(E)] (F) 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 director of business, economic development, and tourism or the director's designee;
[(C)] (D) The cultural
specialist;
[(D)] (E) The three at-large
members; and
[(E)] (F) 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, director of business, economic development, and tourism, 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 is independently owned and which is not dominant in its field of operation."
SECTION 3. Section 323F-3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The corporation shall be governed by [an
eighteen-member] a nineteen-member board of directors that shall
carry out the duties and responsibilities of the corporation other than those
duties and responsibilities relating to the establishment of any captive
insurance company pursuant to section 323F-7(c)(20) and the operation thereof.
(b) The members of the corporation board shall be appointed as follows:
(1) The director of health and director of
business, economic development, and tourism as [an] ex officio,
voting [member;] members;
(2) The five regional chief executive officers as ex officio, nonvoting members;
(3) Three members who reside in the county of Maui, two of whom shall be appointed by the Maui regional system board and one of whom shall be appointed by the governor, all of whom shall serve as voting members;
(4) Two members who reside in the eastern section of the county of Hawaii, one of whom shall be appointed by the East Hawaii regional system board and one of whom shall be appointed by the governor, both of whom shall serve as voting members;
(5) Two members who reside in the western section of the county of Hawaii, one of whom shall be appointed by the West Hawaii regional system board and one of whom shall be appointed by the governor, both of whom shall serve as voting members;
(6) Two members who reside on the island of Kauai, one of whom shall be appointed by the Kauai regional system board and one of whom shall be appointed by the governor, both of whom shall serve as voting members;
(7) Two members who reside on the island of Oahu, one of whom shall be appointed by the Oahu regional system board and one of whom shall be appointed by the governor, both of whom shall serve as voting members; and
(8) One member who shall be appointed by the governor and serve as an at-large voting member.
The appointed board members who reside in the county of Maui, eastern section of the county of Hawaii, western section of the county of Hawaii, on the island of Kauai, and on the island of Oahu shall each serve for a term of four years; provided that the terms of the initial appointments of the members who are appointed by their respective regional system boards shall be as follows: one of the initial members from the county of Maui shall be appointed to serve a term of two years and the other member shall be appointed to serve a term of four years; the initial member from East Hawaii shall be appointed to serve a term of two years; the initial member from West Hawaii shall be appointed to serve a term of four years; the initial member from the island of Kauai shall be appointed to serve a term of two years; and the initial member from the island of Oahu shall be appointed to serve a term of four years; and provided further that the terms of the initial appointments of the members who are appointed by the governor shall be four years. The at-large member appointed by the governor shall serve a term of two years.
Any vacancy shall be filled in the same manner provided for the original appointments. The corporation board shall elect its own chair from among its members. Appointments to the corporation board shall be as representative as possible of the system's stakeholders as outlined in this subsection. The board member appointments shall strive to create a board that includes expertise in the fields of medicine, finance, health care administration, government affairs, human resources, and law."
SECTION 4. Section 356D-3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) There is created a board of
directors consisting of [eleven] twelve members, of whom nine
shall be public members appointed by the governor as provided in section
26-34. Public members shall be appointed from each of the counties of Honolulu, Hawaii, Maui, and Kauai. At least one public member shall be a person who is
directly assisted by the authority under the federal low-rent public housing or
federal section 8 tenant-based housing assistance payments program while
serving on the board. One public member shall be an advocate for low-income or
homeless persons. One public member shall be a person with a disability or an
advocate for persons with disabilities. The public members of the board shall
serve four-year staggered terms; provided that the initial appointments shall
be as follows: four members shall be appointed for four years; three members
shall be appointed for three years; and two members shall be appointed for two
years. The director of human services, or a designated representative[,];
the director of business, economic development, and tourism, or a designated
representative; and a representative of the governor's office, shall be ex
officio[[],[]] voting members. The authority shall be headed by
the board.
(b) The board of directors shall select a chairperson and vice-chairperson from among its members. The director of human services, director of business, economic development, and tourism, and the governor's representative shall be ineligible to serve as chairperson of the board."
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:
Department of Business, Economic Development, and Tourism; State Corporations; Economy; Job Creation; Housing; Hawaii Community Development Authority; Hawaii Health Systems Corporation; Hawaii Public Housing Authority
Description:
Adds a department of business, economic development, and tourism representative as a member of the board to certain state corporations that focus on the economy, job creation, and housing, including the Hawaii community development authority, Hawaii health systems corporation, and Hawaii public housing authority.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
