Bill Text: HI SB800 | 2021 | Regular Session | Introduced
Bill Title: Relating To The Hawaii Community Development Authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-17 - Report adopted; Passed Second Reading and referred to JDC. [SB800 Detail]
Download: Hawaii-2021-SB800-Introduced.html
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THE SENATE |
S.B. NO. |
800 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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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. 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; a cultural specialist; an at-large
member; an at-large member nominated by the [senate] president[;]
of the senate; an at-large member nominated by the speaker of the house[;]
of representatives; 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, 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 of the senate and speaker of the house [and the nine
representatives of the respective community development districts] of representatives
shall each be appointed by the governor from a list of [three] two
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 nine nominees to the governor to fill the three district representative positions
on each community development district. Of the three nominees for each
community development district, two nominees shall meet the district residency
requirement, and one nominee shall meet the district small business owner or
nonprofit organization officer or director requirement. For each community development district, the
governor shall appoint one member from a list of nominees submitted by the president
of the senate, one member from a list of nominees submitted by the speaker of
the house of representatives, and one member to fill the remaining representative
position required by 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 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;
(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.
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.
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] that
is independently owned and [which] that is not dominant in its
field of operation."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval; provided that the existing representatives of the Heeia community development district, Kalaeloa community development district, and Kakaako community development district shall continue to serve until the expiration of their respective terms.
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INTRODUCED BY: |
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Report Title:
Hawaii Community Development Authority; Nomination and Appointment of Representative Members
Description:
Removes county councils as the nominating authority for members of the HCDA who serve as representatives of the Heeia, Kalaeloa, and Kakaako community development districts. Provides that the president of the senate and the speaker of the house of representatives shall each nominate representatives of each of the three community development districts.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
