HOUSE OF REPRESENTATIVES

H.B. NO.

323

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE STATE DISASTER REVOLVING LOAN FUND.

 

 

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

 


     SECTION 1.  Section 209-2, Hawaii Revised Statutes, is amended to read as follows:

     "§209-2  Governor's determination.  (a)  After the occurrence of any sudden and extraordinary event which causes losses and suffering, the governor shall make a determination as to whether a state disaster has occurred and thereafter may declare a state disaster for the entire State or any portion thereof.  In making this determination the governor shall consider whether the effect on the health and living standards of a substantial number of persons and the effect on the economy of the State are of such a nature, as to warrant assistance from the state government.

     (b)  Notwithstanding subsection (a), the governor may make a determination that a state disaster has occurred because of a present or imminent reduction in force, relocation, or mobilization of United States armed forces from the State.  In making such a determination, the governor shall consider whether the reduction in force, relocation, or mobilization is likely to disrupt employment or commerce or precipitate a change in the level, quality, or quantity of services provided by the State to any community within its jurisdiction or to the State as a whole, and whether the disruption or precipitation is likely to be of such magnitude as to warrant a disaster declaration.  If the governor issues a disaster declaration pursuant to this subsection, the governor may authorize any or all of the relief measures provided for in part III of this chapter.

     This subsection shall apply to a reduction in force, relocation, or mobilization that has actually occurred or has been authorized by the United States Congress or the United States Department of Defense, as applicable.

     (c)  The governor may, in [the] a proclamation issued pursuant to subsection (a), designate the whole or any part of the State eligible for the relief provided for in this chapter and unless otherwise provided herein may authorize any or all of the relief measures provided for in parts II, III, and IV of this chapter."

     SECTION 2.  Section 209-26, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as otherwise provided, the director of business, economic development, and tourism is designated as the administrator responsible for the administration of this part.  The director shall:

     (1)  Administer loans for the purpose and according to this part; and

     (2)  Adopt rules to carry out the purposes of this part[.];

provided that the director may adopt interim rules to implement loans in the event the governor declares a state disaster pursuant to section 209-2(b), without regard to notice and public hearing requirements of section 91-3 or the small business impact review requirements of chapter 201M; provided further that any amendments of the interim rules shall be subject to chapters 91 and 201M."

     SECTION 3.  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 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 to be deposited into the state disaster revolving loan fund established pursuant to section 209-34, Hawaii Revised Statutes.

     SECTION 4.  There is appropriated out of the state disaster revolving loan fund the sum of $         or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for loans made pursuant to chapter 209, part III, Hawaii Revised Statutes.

     The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act.

     SECTION 5.  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 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the establishment of one full-time equivalent (1.00 FTE) permanent program manager position in the department of business, economic development, and tourism to administer the state disaster loan program pursuant to this Act.

     The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2015.


 


 

Report Title:

State Disaster Declaration; Military Force Reduction, Relocation, or Mobilization; Loans; Appropriations

 

Description:

Authorizes loans from the State Disaster Revolving Loan Fund when the Governor declares a disaster due to a military force reduction, relocation, or mobilization.  Allows DBEDT to adopt interim rules relating to disaster loans.  Establishes a program manager position for the disaster loan program.  (HB323 HD1)

 

 

 

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