HOUSE OF REPRESENTATIVES

H.B. NO.

1863

TWENTY-SEVENTH LEGISLATURE, 2014

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

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 II to be appropriately designated and to read as follows:

"206E- Right of action. (a) Any person, acting as a private attorney general, may commence a civil suit on the person's behalf against the authority if the authority has failed to perform any act or duty required under this part.

(b) The circuit courts shall have jurisdiction to:

(1) Enforce this part;

(2) Order the authority to perform any act or duty required under this part; and

(3) Apply any appropriate civil penalties.

(c) No action may be commenced prior to sixty days after the plaintiff has given written notice of the alleged violation to the authority.

(d) Any suit brought pursuant to this section shall be brought in the judicial circuit in which the violation occurred or is occurring.

(e) Nothing in this section shall be construed to restrict any right that any person may have under any constitutional provision, statute, or common law to seek any other relief."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2020.


 


 

Report Title:

HCDA; Kakaako; Cause of Action; Private Attorney General

 

Description:

Authorizes suits against the HCDA for violations of its required duties. Effective July 1, 2020. (HB1863 HD1)

 

 

 

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