Bill Text: HI SB684 | 2014 | Regular Session | Introduced

Hawaii Senate Bill 684 (Prior Session Legislation)

Introduced

Bill Title: State Building Code; Building Permit Application Fees

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB684 Detail]

Download: Hawaii-2014-SB684-Introduced.html

THE SENATE	S.B. NO.	684
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PUBLIC IMPROVEMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 107, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§107-A State building code special fund. (a) There is created a state building code special fund, into which shall be deposited all of the funds collected pursuant to section 107-B. The state building code special fund shall be administered by the state building code council.

(b) Moneys in the state building code special fund shall be expended for costs associated with duties of the council under section 107-24.

§107-B Building permit application charges. (a) There shall be assessed and collected a non-residential building permit application charge of $10 on every building permit application.

(b) There shall be assessed and collected a residential building permit application charge of $2 on every residential unit included in a residential building permit application.

(c) Payment of the non-residential building permit application charge or residential building permit application charge, as applicable, shall be a prerequisite to issuance of a building permit. Payment shall be remitted by the permit applicant to the appropriate county agency or department by electronic means or by other means as determined by the county. The application for a county building permit surcharge shall serve as prima facie evidence that the applicant has remitted the surcharge.

(d) Proceeds from the building permit application charges and surcharges shall be deposited into the state building code special fund under section 107-A."

SECTION 2. Section 107-22, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established a state building code council. The council shall be placed within the [~~department of accounting and general services~~] department of commerce and consumer affairs for administrative purposes only. The council shall consist of nine voting members and one nonvoting member, who shall be the [~~comptroller~~] director of commerce and consumer affairs or the [~~comptroller's~~] director's designee. The council members shall serve four-year terms as defined in paragraphs (1) to (6). The voting members shall include:

(1) One county building official from each of the four counties appointed by the mayor;

(2) One member representing the state fire council;

(3) One member representing the department of health who has significant experience in building mechanical and sewage disposal systems;

(4) One member representing the department of labor and industrial relations who has significant experience in elevator or fire safety;

(5) One member representing the Structural Engineers Association of Hawaii; and

(6) One member representing the American Institute of Architects, Hawaii State Council."

SECTION 3. All rights, powers, functions, and duties of the department of accounting and general services relating to the state building code council are transferred to the department of commerce and consumer affairs.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of accounting and general services relating to the functions transferred to the department of commerce and consumer affairs shall be transferred with the functions to which they relate.

SECTION 5. All funding under the budget of the department of accounting and general services relating to the state building code council shall be transferred to the department of commerce and consumer affairs for deposit into the state building code special fund created under section 1 of this Act.

SECTION 6. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2013.

INTRODUCED BY:	_____________________________

Report Title:

State Building Code; Building Permit Application Fees

Description:

Creates a non-residential building permit application charge and a residential building permit application charge. Creates a state building code special fund. Transfers jurisdiction over the state building code council from the department of budget and finance to the department of commerce and consumer affairs.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.