HOUSE OF REPRESENTATIVES
TWENTY-SEVENTH LEGISLATURE, 2014
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. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Each special fund, except the:
(1) Transportation use special fund established by section 261D-1;
(2) Special out-of-school time instructional program fund under section 302A-1310;
(3) School cafeteria special funds of the department of education;
(4) Special funds of the University of Hawaii;
(5) State educational facilities improvement special fund;
(6) Special funds established by section 206E-6; (7)] (6) Aloha Tower fund created by
(8)] (7) Funds of the employees'
retirement system created by section 88-109;
(9)] (8) Unemployment compensation fund
established under section 383-121;
(10)] (9) Hawaii hurricane relief fund
established under section 431P-2;
(11)] (10) Convention [ center[ ]] enterprise special fund
established under section 201B-8;
(12)] (11) Hawaii health systems
corporation special funds and the subaccounts of its regional system boards;
(13)] (12) Tourism special fund
established under section 201B-11;
(14)] (13) Universal service fund
established under section 269-42;
(15)] (14) Emergency and budget reserve
fund under section 328L-3;
(16)] (15) Public schools special fees
and charges fund under section 302A-1130;
(17)] (16) Sport fish special fund under
(18)] (17) Center for nursing special
fund under section 304A-2163;
(19)] (18) Passenger facility charge
special fund established by section 261-5.5;
(20)] (19) Court interpreting services
revolving fund under section 607-1.5;
(21)] (20) Hawaii cancer research special
(22)] (21) Community health centers
(23)] (22) Emergency medical services
special fund; [ and]
(24)] (23) Rental motor vehicle customer
facility charge special fund established under section 261-5.6;
(25)] (24) Shared services technology
special fund under section 27-43; and
(26)] (25) Automated victim information
and notification system special fund established under section 353-136,
shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."
SECTION 2. Section 46-102, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "redevelopment agency" or "agency" to read:
"Redevelopment agency" or
"agency" means an agency defined in section 53-1 [
or the Hawaii
community development authority as established pursuant to chapter 206E]."
2. By deleting the definition of "community development plan".
plan" means a plan established pursuant to section 206E-5."]
SECTION 3. Section 201H-23, Hawaii Revised Statutes, is amended to read as follows:
For-sale developments. Any law to the contrary notwithstanding, new
multifamily for-sale housing condominium developments of seventy-five units or
more per acre on privately owned lands and privately financed without federal,
state, or county financing assistance or subsidies, including tax credits,
(1) Be exempt from the corporation's shared appreciation equity program;
(2) Be subject to three-year occupancy requirements and transfer restrictions; provided that the three-year occupancy requirement shall begin upon the sale of each unit; and
(3) Not be subject to the ten-year occupancy requirements and transfer restrictions in sections 201H-47 and 201H-49, respectively;
provided that, in order for paragraphs (1), (2), and
(3) to apply, the primary purpose of constructing the new multifamily for-sale
housing condominium development of seventy-five units or more per acre shall be
to augment the existing affordable housing unit inventory in the State and not
for the purpose of satisfying any affordable housing [
or reserved housing]
requirement under this chapter[ , section 206E-4(18),] or any other law
As used in this section[
housing" means the same as defined under section 201H-57.
"Reserved housing" means the same
as defined under section 206E-101.]"
SECTION 4. Section 514A-14.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) This section shall not apply:
(1) To apartments developed under chapter 201H, 346, or 356D;
(2) To apartments in a
mixed-use project developed under chapter 206E that has a shared parking
program approved by the Hawaii community development authority[
to June 30, 2014; provided that such a program shall require the
availability of the use of not less than one parking space per apartment; and
(3) To apartments designated in the declaration of condominium property regime for hotel, time share, transient vacation rental, or commercial use."
SECTION 5. Chapter 206E, Hawaii Revised Statutes, is repealed.
SECTION 6. The duties of and functions formerly exercised by the Hawaii community development authority under chapter 206E, Hawaii Revised Statutes, shall be transferred to and exercised by the counties, as applicable.
SECTION 7. (a) The Hawaii community development authority and the city and county of Honolulu shall convene a transition working group to plan for the seamless transition of duties and functions from the Hawaii community development authority to the city and county of Honolulu. The executive director of the Hawaii community development authority shall preside over the transition working group.
(b) Among other issues, the transition working group shall discuss and address the following:
(1) The district-wide improvement program under section 206E-6, Hawaii Revised Statutes;
(2) Hawaii community development revolving fund under section 206E-16, Hawaii Revised Statutes;
(3) The expenditures of revolving funds under the Hawaii community development authority exempt from appropriation and allotment, pursuant to section 206E-16.5, Hawaii Revised Statutes; and
(4) The applicability and application of the city and county of Honolulu's zoning laws to geographical areas under the Hawaii community development authority's jurisdiction.
(c) The transition working group shall serve without compensation but shall be reimbursed for expenses, including travel expenses, incurred in the performance of their duties.
(d) The transition working group shall submit a report, including any necessary proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2015.
SECTION 8. All officers and employees whose functions are eliminated by this Act shall be transferred to the department of business, economic development, and tourism 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 9. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Hawaii community development authority shall be transferred to the department of business, economic development, and tourism.
SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2014-2015 for the working group identified in section 7 of this Act.
The sum appropriated shall be expended by the Hawaii community development authority for the purposes of this Act.
SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 12. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 13. This Act shall take effect on July 1, 2015; provided that sections 7 and 10 shall take effect on July 1, 2014.
Hawaii Community Development Authority
Repeals the Hawaii Community Development Authority.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.