Bill Text: HI HB1034 | 2017 | Regular Session | Amended
Bill Title: Relating To The Hawaii Community-based Economic Development Technical And Financial Assistance Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-14 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and none excused (0). [HB1034 Detail]
Download: Hawaii-2017-HB1034-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1034 |
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TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII COMMUNITY-BASED ECONOMIC DEVELOPMENT TECHNICAL AND FINANCIAL ASSISTANCE PROGRAM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 210D-2, Hawaii Revised Statutes, is amended by amending the definition of "community-based organization" to read as follows:
""Community-based organization"
means a [membership-based,] nonprofit corporation incorporated in the
State of Hawaii that is organized and controlled by either a geographic
community, a community of identity, or a community of interest and [which]
that is directly involved in community-based economic development
activities."
SECTION 2. Section 210D-5, Hawaii Revised Statutes, is amended to read as follows:
"§210D-5 Community-based economic development
advisory council; established. There is established the community-based
economic development advisory council, which shall consist of [twelve] ten
members. The director of business, economic development, and tourism, the
chairperson of the board of agriculture, and the chairperson of the office of
Hawaiian affairs, or their respective designees, shall be ex officio voting members
of the council. The remaining [nine] seven members shall be
appointed by the governor in accordance with section 26-34. Each county shall
be represented by at least one member who is a resident of that county, and at
least one member of the council shall be a representative of the financial
community. The council shall be placed for administrative purposes in the
department of business, economic development, and tourism."
SECTION 3. Section 210D-11, Hawaii Revised Statutes, is amended to read as follows:
"§210D-11 Grants; conditions and
qualifications. (a) Grants shall be made for amounts not to exceed
$100,000 for each applicant. Applications for grants shall be made to the
department and contain [such] information as the department shall require
by rules adopted pursuant to chapter 91. At a minimum, the applicant must show
that:
(1) The grant shall be used exclusively for
community-based economic development activities [or], a
community-based business or enterprise [that are], or the provision
of technical assistance to community-based organizations, consistent with
the purposes of this chapter [for a continuous period of at least five years];
(2) The community-based business or enterprise shall have applied for or received all applicable licenses and permits;
(3) The applicant [will] shall comply
with all applicable federal and state laws prohibiting discrimination
against any person on the basis of race, color, national origin, religion,
creed, sex, age, [or physical handicap;] sexual orientation, disability,
or any other characteristic protected under
applicable federal or state law;
(4) The grant shall not be used for purposes of entertainment or perquisites;
(5) The applicant shall comply with other
requirements as the department [of business, economic development, and
tourism] may prescribe;
(6) All activities and improvements undertaken with funds received shall comply with all applicable federal, state, and county statutes and ordinances, including applicable building codes and agency rules;
(7) The applicant [will] shall
indemnify and save harmless the State of Hawaii and its officers, agents, and
employees from and against any and all claims arising out of or resulting from
activities carried out or projects undertaken with funds provided hereunder,
and procure sufficient insurance to provide this indemnification if requested
to do so by the department; and
(8) The facilities [will]
shall not be used and are not intended to be used for sectarian
instruction or as a place of worship.
(b) To receive a grant under this section for
community-based economic development activities [or development of],
a community-based enterprise[,] or business, or the provision of technical
assistance to community-based organizations, an applicant shall:
(1) Be either:
(A) A profit subsidiary of a nonprofit community-based organization incorporated under the laws of the State;
(B) A nonprofit community-based organization
determined to be exempt from federal income taxation by the Internal Revenue
Service; [or]
(C) A cooperative association; or
(D) An organization providing technical assistance to community-based organizations;
(2) In the case of a nonprofit organization[,
have]:
(A) Have
a governing board whose members have no material conflict of interest and serve
without compensation[, have];
(B) Have
bylaws or policies that describe the manner in which business is conducted and
policies relating to nepotism and management of potential conflict of interest
situations[, and employ]; and
(C) Employ or contract with no two or more members of a family or kin of the first or second degree unless specifically permitted by the department;
(3) Agree to make available to the department all
records the applicant may have relating to the [operation of the
community-based enterprise,] grant, to allow state agencies to
monitor the applicant's compliance with the purpose of this chapter; and
(4) Establish, to the
satisfaction of the department, that sufficient funds are available for the
effective operation of the activity, business, [or] enterprise, or
technical assistance for the purpose for which the grant is awarded."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New material is underscored.
SECTION 5. This Act, upon its approval, shall take effect on July 1, 2038.
Report Title:
Hawaii Community-Based Economic Development Technical and Financial Assistance Program
Description:
Amends the definition of "community-based organization." Amends the qualifications for community-based economic development grants to include technical assistance to community-based organizations. Reduces the number of Community-based Economic Development Advisory Council members from twelve to ten. Effective 7/1/2038. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
