reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201B. Hawaii Tourism Authority › 201B-9 Tourism emergency.

§201B-9 Tourism emergency.
(a) If the board determines that the occurrence of a world conflict, terrorist threat, national or global economic crisis, natural disaster, outbreak of disease, or other catastrophic event adversely affects Hawaii's tourism industry by resulting in a substantial interruption in the commerce of the State and adversely affecting the welfare of its people, the board shall submit a request to the governor to declare that a tourism emergency exists.
(b) Upon declaration by the governor that a tourism emergency exists pursuant to subsection (a), the authority shall develop and implement measures to respond to the tourism emergency, including providing assistance to tourists during the emergency; provided that any tourism emergency response measure implemented pursuant to this subsection shall not include any provision that would adversely affect the organized labor force in tourism-related industries. With respect to a national or global economic crisis only, in addition to the governor's declaration of the existence of a tourism emergency, no action in response to the tourism emergency declaration may be taken by the authority without the governor's express approval. [L 2007, c 201, pt of §1; am L Sp 2009, c 5, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201B. Hawaii Tourism Authority › 201B-10 Tourism emergency special fund.

§201B-10 Tourism emergency special fund.
(a) There is established outside the state treasury a tourism emergency special fund to be administered by the board, into which shall be deposited the revenues prescribed by section 237D-6.5(b) and all investment earnings credited to the assets of the fund.
(b) Moneys in the special fund shall be used exclusively to provide for the development and implementation of emergency measures to respond to any tourism emergency pursuant to section 201B-9, including providing emergency assistance to tourists during the tourism emergency.
(c) Use of the special fund, consistent with subsection (b), shall be provided for in articles, bylaws, resolutions, or other instruments executed by the board as administrator for the special fund. [L 2007, c 201, pt of §1; am L 2015, c 237, §11; am L Sp 2021, c 1, §21]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201B. Hawaii Tourism Authority › 201B-12 Exemption of authority from taxation.

§201B-12 Exemption of authority from taxation.
All revenues and receipts derived by the authority from any project or a project agreement or other agreement pertaining thereto shall be exempt from all state taxation. Any right, title, and interest of the authority in any project shall also be exempt from all state taxation. Except as otherwise provided by law, the interest of a qualified person or other user of a project or a project agreement or other agreements related to a project shall not be exempt from taxation to a greater extent than it would be if the costs of the project were directly financed by the qualified person or user. [L 1998, c 156, pt of §2; am L Sp 2021, c 1, §22; am L 2022, c 109, §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201B. Hawaii Tourism Authority › 201B-13 Assistance by state and county agencies; advisory group.

§201B-13 Assistance by state and county agencies; advisory group.
(a) Any state or county agency may render services upon request of the authority.
(b) The authority may establish an advisory group that may meet monthly or as the authority deems necessary, which may include the director of business, economic development, and tourism, director of transportation, chairperson of the board of land and natural resources, and executive director of the state foundation on culture and the arts to advise the authority on matters relating to their respective departments or agency in the preparation and execution of suggested:
(1) Measures to respond to tourism emergencies pursuant to section 201B-9;
(2) Programs for the management, improvement, and protection of Hawaii's natural environment and other areas frequented by visitors;
(3) Measures to address issues affecting airlines, air routes, and barriers to travel to Hawaii; and
(4) Programs to perpetuate the cultures of Hawaii and engage local communities to sustain and preserve the native Hawaiian culture. [L 1998, c 156, pt of §2; am L Sp 2009, c 5, §10]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201B. Hawaii Tourism Authority › 201B-14 Declaration of public function, purpose, and necessity.

§201B-14
Declaration of public function, purpose, and necessity.
The powers and functions granted to and exercised by the Hawaii tourism authority under this chapter are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. [L 1998, c 156, pt of §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201B. Hawaii Tourism Authority › 201B-15 Court proceedings; preferences; venue.

§201B-15
Court proceedings; preferences; venue.
(a) Any action or proceeding to which the authority, the State, or the county may be a party, in which any question arises as to the validity of this chapter, shall be preferred over all other civil cases, except election cases, in the circuit court of the circuit where the case or controversy arises, and shall be heard and determined in preference to all other civil cases pending therein except election cases, irrespective of position on the calendar.
(b) Upon application of counsel to the authority, the same preference shall be granted in any action or proceeding questioning the validity of this chapter in which the authority may be allowed to intervene.
(c) Any action or proceeding to which the authority, the State, or the county may be party, in which any question arises as to the validity of this chapter or any portion of this chapter, or any action of the authority may be filed in the circuit court of the circuit where the case or controversy arises, which court is hereby vested with original jurisdiction over the action.
(d) Notwithstanding any provision of law to the contrary, declaratory relief from the circuit court may be obtained for any action.
(e) Any party aggrieved by the decision of the circuit court may appeal in accordance with part I of chapter 641 and the appeal shall be given priority. [L 1998, c 156, pt of §2; am L 2001, c 251, §5]
Case Notes
In action for declaratory and injunctive relief brought under this section, petitioner lacked standing to assert claims for relief where petitioner failed to allege or create a genuine issue of material fact as to whether there was an actual or threatened injury resulting from the authority's conduct or that the injury was fairly traceable to the authority's challenged action, and failed to establish that petitioner's injury was likely to be remedied by the court's grant of injunctive or declaratory relief. 100 H. 242, 59 P.3d 877 (2002).
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201B. Hawaii Tourism Authority › 201B-16 Annual report.

§201B-16 Annual report.
The authority shall submit a complete and detailed report of its activities, expenditures, and results, including the progress of the tourism marketing plan developed pursuant to section 201B-6, toward achieving the authority's strategic plan goals, to the governor and the legislature at least twenty days prior to the convening of each regular session of the legislature. The annual report shall include the descriptions and evaluations of programs funded, together with any recommendations the authority may make. [L 1998, c 156, pt of §2; am L 2014, c 131, §4]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201C. Financial Services Assistance Program › 201C-1 Definitions.

§201C-1 Definitions.
For the purposes of this chapter:
"Department" means the department of business, economic development, and tourism.
"Financial mall" means an array of financial service industry operations connected by telecommunications and not restricted to location in a single physical facility.
"Financial services industry" means trading and brokering operations, including but not limited to securities, commodities, debt instruments, currencies, options, futures, and other derivatives. [L 1990, c 107, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201C. Financial Services Assistance Program › 201C-2 Establishment.

§201C-2 Establishment.
The department of business, economic development, and tourism shall establish a financial services assistance program for the purpose of promoting the growth and development of a financial services industry and other support services including the telecommunications infrastructure. The department may also hire contractors and consultants to effectuate the purpose of this chapter. [L 1990, c 107, pt of §3]
Revision Note
"Chapter" substituted for "Act" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201C. Financial Services Assistance Program › 201C-3 Financial assistance program; source of funds.

§201C-3
Financial assistance program; source of funds.
(a) All moneys to carry out the purposes of the financial services assistance program under this chapter shall be allocated by the legislature through appropriations out of the Hawaii capital loan revolving fund established pursuant to section 210
-
3. The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this section.
(b) All moneys received in repayment of loan principal, payment of interest, or fees, under this chapter shall be deposited to the credit of the Hawaii capital loan revolving fund established pursuant to section 210
-
3. [L 1990, c 107, pt of §3; am L 1993, c 280, §17; am L 1998, c 176, §14]
Note
Section 210-3 referred to in text is repealed.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201C. Financial Services Assistance Program › 201C-4 Purposes and terms of assistance.

§201C-4 Purposes and terms of assistance.
(a) The department may utilize the money held in the financial services assistance program for economic development projects within the State that have the potential of creating new jobs for residents of the State or retaining current jobs within the State.
(b) Financial assistance provided by the financial services assistance program may be used for any purpose consistent with the objectives and policies for the economy in the state plan, including but not limited to:
(1) The acquisition, improvement, or rehabilitation of land and buildings;
(2) The acquisition of equipment or services;
(3) Working capital; and
(4) Any other purpose reasonably related to an economic development project concerning the financial services industry, including but not limited to consulting and other related services.
(c) The department, for economic development projects relating to the financial services industry, may:
(1) Procure insurance, a guarantee, or a letter of credit from any source for all or a part of a loan, debenture, or lease of others, public or private;
(2) Procure insurance, a guarantee, or a letter of credit for either a single loan, debenture, or lease or for any combination of loans, debentures, or leases; and
(3) Procure consulting and related services for the purposes of this chapter.
(d) Loans provided by the financial services assistance program may be provided to qualified applicants with the following terms and conditions:
(1) The maximum term of a loan shall not exceed twenty years;
(2) Each loan shall bear simple interest at a rate of not less than three and not more than ten per cent a year, depending on the nature of the loan; and
(3) The commencement date for the repayment of the first installment on principal and interest of each loan may be deferred by the director of business, economic development, and tourism for a period not to exceed two years.
(e) The department shall adopt rules pursuant to chapter 91 to carry out the purposes of this chapter. [L 1990, c 107, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201C. Financial Services Assistance Program › 201C-5 Annual report.

§201C-5 Annual report.
The department shall report to the governor and the legislature on the revolving fund's revenues and expenditures for each fiscal year. The report shall be submitted no later than twenty days prior to the convening of each regular session. [L 1990, c 107, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-2 Hawaii housing finance and development corporation; establishment, staff.

§201H-2 Hawaii housing finance and development corporation; establishment, staff.
(a) There is established the Hawaii housing finance and development corporation to be placed within the department of business, economic development, and tourism for administrative purposes only. The corporation shall be a public body and a body corporate and politic.
(b) The corporation shall employ, exempt from chapter 76 and section 26-35(a)(4), an executive director and an executive assistant. The executive director shall be paid a salary not to exceed the salary of the director of business, economic development, and tourism. The executive assistant shall be paid a salary not to exceed ninety per cent of the executive director's salary. The corporation may employ, subject to chapter 76, technical experts and officers, agents, and employees, permanent and temporary, as required. The corporation may also employ officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, not subject to chapter 76, when in the determination of the corporation, the services to be performed are unique and essential to the execution of the functions of the corporation. The corporation may call upon the attorney general for legal services as it may require. The corporation may delegate to one or more of its agents or employees its powers and duties as it deems proper.
(c) The board shall submit a report to the legislature no later than twenty days prior to the convening of the regular session immediately following each adjustment of salary of the executive director. [L 2005, c 196, pt of §20; am L 2006, c 180, §7; am L 2016, c 91, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-3 Board; establishment, functions, duties.

§201H-3 Board; establishment, functions, duties.
(a) There is created a board of directors of the Hawaii housing finance and development corporation consisting of nine members, of whom six shall be public members appointed by the governor as provided in section 26-34. At least four of the public members shall have knowledge and expertise in public or private financing and development of affordable housing. Public members shall be appointed from each of the counties of Honolulu, Hawaii, Maui, and Kauai. At least one public member shall represent community advocates for low-income housing, affiliated with private nonprofit organizations that serve the residents of low-income housing. The public members of the board shall serve four-year staggered terms; provided that the initial appointments shall be as follows:
(1) Two members to be appointed for four years;
(2) Two members to be appointed for three years; and
(3) Two members to be appointed for two years.
The director of business, economic development, and tourism and the director of finance, or their designated representatives, and a representative of the governor's office, shall be ex officio[,] voting members. The corporation shall be headed by the board.
(b) The board of directors shall select a chairperson and vice chairperson from among its members; provided that the chairperson shall be a public member. The director of business, economic development, and tourism, director of finance, and the governor's representative shall be ineligible to serve as chairperson of the board.
(c) Five members shall constitute a quorum, whose affirmative vote shall be necessary for all actions by the corporation. The members shall receive no compensation for services, but shall be entitled to necessary expenses, including travel expenses, incurred in the performance of their duties. [L 2005, c 196, pt of §20; am L 2006, c 180, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-4 General powers.

§201H-4 General powers.
(a) The corporation may:
(1) Sue and be sued;
(2) Have a seal and alter the same at pleasure;
(3) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers;
(4) Adopt bylaws and rules in accordance with chapter 91 for its organization, internal management, and to carry into effect its purposes, powers, and programs; and
(5) Notwithstanding any law to the contrary, establish and collect fees for administrative expenses incurred by the corporation to process applications for loans, grants, services, and real estate documents related to the corporation's functions under this chapter.
(b) In addition to other powers conferred upon it, the corporation may do all things necessary and convenient to carry out the powers expressly provided in this chapter. [L 2005, c 196, pt of §20; am L 2006, c 180, §15; am L 2009, c 143, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-4.5 Urban gardening programs.

§201H-4.5 Urban gardening programs.
Notwithstanding any other provision of law, the corporation may develop programs that provide incentives for the development of housing projects that incorporate urban gardening programs; provided that the college of tropical agriculture and human resources of the University of Hawaii at Manoa shall be consulted regarding best practices in urban gardening, including vertical gardening, aquaponics, and community gardening. [L 2013, c 202, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-6 Housing advocacy and information system.

§201H-6 Housing advocacy and information system.
(a) The corporation, with the assistance of other agencies of the State and counties with related responsibilities, shall develop and maintain a housing advocacy and information system to aid the corporation in meeting the needs and demands of housing consumers.
(b) In establishing and maintaining the housing advocacy and information system, the corporation shall conduct market studies, engage in community outreach, and solicit recommendations from, and statistics and research developed by, agencies of the United States, the State, the counties, private research organizations, nonprofit community groups, trade associations, including those of the construction and real estate industries, departments, individuals at the University of Hawaii, and housing consumers.
(c) The corporation shall analyze the information received and make recommendations to the appropriate agencies and developers.
(d) The corporation, through the housing advocacy and information system, shall act as a clearinghouse for information relating to housing conditions, needs, supply, demand, characteristics, developments, trends in federal housing programs, and housing laws, ordinances, rules, and regulations.
(e) The housing advocacy and information system may be used by housing researchers, planners, administrators, and developers and shall be coordinated with other housing research efforts. The corporation shall maintain a current supply of information, including means to gather new information through surveys, contracted research, and investigations.
(f) The corporation, through the housing advocacy and information system, shall develop and maintain an affordable housing inventory registry to identify:
(1) Affordable housing projects developed by the corporation utilizing moneys in the rental housing revolving fund established pursuant to section 201H-202 or the dwelling unit revolving fund established pursuant to section 201H-191;
(2) State and federal public housing projects identified by the Hawaii public housing authority;
(3) United States Department of Housing and Urban Development Region 9 federally supported and privately managed housing projects; and
(4) State and county lands that may be developed for affordable housing, as defined in section 201H-57(b). [L 2005, c 196, pt of §20; am L 2006, c 180, §15; am L 2007, c 222, §2; am L 2015, c 237, §22]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-7 Housing research.

§201H-7 Housing research.
(a) The corporation may study the plans of any government regarding the clearing, replanning, or reconstruction of an area where unsafe or unsanitary dwelling or housing conditions exist.
(b) The corporation may purchase materials for the development of land and the construction of dwelling units in the manner it concludes to be most conducive to lower costs, including purchase from other states or from foreign countries for drop shipment in the State or on cost-plus contracts for materials with persons or firms doing business in the State, or otherwise.
(c) The corporation may conduct, or cause to be conducted, research on housing needs, materials, design, or technology, and apply the findings of the investigation to housing projects, including the following:
(1) Sociocultural investigation of housing and community utilization, preferences, or needs of residents within the housing need classification of the housing functional plan;
(2) Development of technology for the application of innovative building systems or materials, to provide energy or resource conservation or cost savings in the construction or operation of a housing project;
(3) Investigation of the applicability of locally-produced building materials and systems to dwelling unit construction;
(4) Investigation of new forms of project construction, maintenance, operation, financing, or ownership, involving tenants, homeowners, financing agencies, and others; or
(5) Other necessary or appropriate research that may lower the long-term costs of housing, conserve resources, or create communities best suited to the needs of residents.
(d) In the development and construction of a housing project, the corporation may provide for an on-the-job training program or other projects as it may deem justifiable, including innovative projects to develop a larger qualified workforce in the State. [L 2005, c 196, pt of §20; am L 2006, c 180, §9]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-8 Housing counseling.

§201H-8 Housing counseling.
The corporation may provide the following services for the programs it administers:
(1) Listing and referral services to tenants seeking to rent homes;
(2) Counseling to tenants on matters such as financial management and budgeting, basic housekeeping, communicating effectively and getting along with others, and other matters as may be desirable or necessary;
(3) Counseling to prospective homeowners on the rudiments of owning a home;
(4) Assistance to any person or government agency regarding the nature and availability of federal assistance for housing development and community development or redevelopment;
(5) Counseling and guidance services to aid: any person or government agency in securing the financial aid or cooperation of the federal government in undertaking, constructing, maintaining, operating, or financing any housing designated for elders; persons displaced by governmental action; university and college students and faculty; and any other persons; and
(6) Assistance to a county agency upon request from the agency in the development of programs to correct or eliminate blight and deterioration and to effect community development. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-9 Acquisition, use, and disposition of property.

§201H-9 Acquisition, use, and disposition of property.
(a) The corporation may acquire any real or personal property or interest therein by purchase, exchange, gift, grant, lease, or other means from any person or government to provide housing. Exchange of real property shall be in accordance with section 171-50.
(b) The corporation may own or hold real property. All real property owned or held by the corporation shall be exempt from mechanic's or materialman's liens and also from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against the corporation be a charge or lien upon its real property; provided that this subsection shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of the corporation or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the corporation on its rents, fees, or revenues. The corporation and its property shall be exempt from all taxes and assessments.
(c) The corporation may lease or rent all or a portion of any housing project and establish and revise the rents or charges therefor. The corporation may sell, exchange, transfer, assign, or pledge any property, real or personal, or any interest therein to any person or government.
(d) The corporation may insure or provide for the insurance of its property or operations against risks as it deems advisable. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-11 Agents, including corporations.

§201H-11 Agents, including corporations.
The corporation may exercise any or all of the powers conferred upon it, either generally or with respect to any specific housing project through an agent that it may designate, including any corporation that is formed under the laws of this State, and for such purposes the corporation may cause one or more corporations to be formed under the laws of this State or may acquire the capital stock of any corporation. Any corporate agent, all of the stock of which shall be owned by the corporation or its nominee, to the extent permitted by law, may exercise any of the powers conferred upon the corporation in this chapter. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-12 Development of property.

§201H-12 Development of property.
(a) The corporation, in its own behalf or on behalf of any federal, state, or county agency, may:
(1) Clear, improve, and rehabilitate property;
(2) Plan, develop, construct, and finance housing projects, including mixed-use developments; and
(3) In cooperation with any state or county department or agency, including the department of education and department of accounting and general services, plan facilities and related infrastructure as an integral part of its housing projects, including mixed-use developments, using all its innovative powers toward achieving that end expeditiously and economically; provided that facilities developed in cooperation with the department of education comply with the department of education's educational objectives and requirements.
For purposes of this subsection, "mixed-use developments" means a development that contains affordable residential dwelling units that may be combined with governmental, educational, commercial, cultural, institutional, or industrial uses; is approved by the county in which the project is located; and is subject to: chapter 104; title 40 United States Code sections 3141, 3142, 3143, 3144, 3146, and 3147; or a project labor agreement by law or contract in the construction of the project.
(b) The corporation may develop public land in an agricultural district subject to the prior approval of the land use commission, when developing lands greater than fifteen acres in size, and public land in a conservation district subject to the prior approval of the board of land and natural resources. The corporation shall not develop state monuments, historical sites, or parks. When the corporation proposes to develop public land, it shall file with the department of land and natural resources a petition setting forth the purpose for the development. The petition shall be conclusive proof that the intended use is a public use superior to that which the land has been appropriated.
(c) The corporation may develop or assist in the development of federal lands with the approval of appropriate federal authorities.
(d) The corporation shall not develop any public land where the development may endanger the receipt of any federal grant, impair the eligibility of any government agency for a federal grant, prevent the participation of the federal government in any government program, or impair any covenant between the government and the holder of any bond issued by the government.
(e) The corporation may contract or sponsor with any county, housing authority, or person, subject to the availability of funds, an experimental or demonstration housing project designed to meet the needs of elders; the disabled; displaced or homeless persons; low- and moderate-income persons; teachers or other government employees; or university and college students and faculty. [L 2005, c 196, pt of §20; am L 2006, c 180, §10; am L 2016, c 131, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-13 Eminent domain, exchange or use of public property.

§201H-13 Eminent domain, exchange or use of public property.
[(a)] The corporation may acquire any real property, including fixtures and improvements, or interest therein: through voluntary negotiation; through exchange of land in accordance with section 171-50, provided that the public land to be exchanged need not be of like use to that of the private land; or by the exercise of the power of eminent domain which it deems necessary by the adoption of a resolution declaring that the acquisition of the property described therein is in the public interest and required for public use. The corporation shall exercise the power of eminent domain granted by this section in the same manner and procedure as is provided by chapter 101 and otherwise in accordance with all applicable provisions of the general laws of the State; provided that condemnation of parcels greater than fifteen acres shall be subject to legislative disapproval expressed in a concurrent resolution adopted by majority vote of the senate and the house of representatives in the first regular or special session following the date of condemnation.
[(b)] The corporation may acquire by the exercise of the power of eminent domain property already devoted to a public use; provided that no property belonging to any government may be acquired without its consent, and that no property belonging to a public utility corporation may be acquired without the approval of the public utilities commission, and subject to legislative disapproval expressed in a concurrent resolution adopted by majority vote of the senate and the house of representatives in the first regular or special session following the date of condemnation. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-14 Contracts with the federal government.

§201H-14 Contracts with the federal government.
(a) The corporation may:
(1) Borrow money or accept grants from the federal government for or in aid of any housing project that the corporation is authorized to undertake;
(2) Take over any land acquired by the federal government for the construction or operation of a housing project with the approval of the federal government or at the request of the federal government;
(3) Procure insurance or guarantees from the federal government for the payment of any debts or parts thereof secured by mortgages made or held by the corporation on any property included in any housing project;
(4) Comply with any conditions required by the federal government in any contract for financial assistance; and
(5) Execute contracts with the federal government.
(b) It is the purpose and intent of this part to authorize the corporation to do any and all things necessary to secure the financial aid and the cooperation of the federal government in the undertaking, construction, maintenance, and operation of any housing project that the corporation is empowered to undertake. [L 2005, c 196, pt of §20; am L 2006, c 180, §11]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-15 Administration of low-income housing credit allowed under section 235-110.8.

§201H-15 Administration of low-income housing credit allowed under section 235-110.8.
(a) The corporation is designated as a state housing credit agency to carry out section 42(h) (with respect to limitation on aggregate credit allowable with respect to a project located in a state) of the Internal Revenue Code of 1986, as amended. As a state housing credit agency, the corporation shall determine the eligibility basis for a qualified low-income building, make the allocation of housing credit dollar amounts within the State, and determine the portion of the State's housing credit ceiling set aside for projects involving qualified nonprofit organizations. The corporation shall file any certifications and annual reports required by section 42 (with respect to low-income housing credit) of the Internal Revenue Code of 1986, as amended.
(b) The state aggregate housing credit dollar amount shall be allocated annually as required by section 42 of the Internal Revenue Code of 1986, as amended, by the corporation in an amount equal to $1.25 multiplied by the state population in the calendar year or such greater or lesser amount as provided by section 42(h) of the Internal Revenue Code of 1986, as amended.
(c) The corporation shall adopt rules under chapter 91 necessary to comply with federal and state requirements for determining the amount of the tax credit allowed under section 42 of the Internal Revenue Code of 1986, as amended, and section 235-110.8. The corporation may establish and collect reasonable fees for administrative expenses incurred in providing the services required by this section, including fees for processing developer applications for the credit. All fees collected for administering these provisions, including developer application fees, shall be used to cover the administrative expenses of the corporation.
(d) All claims for allocation of the low-income housing credit under section 235-110.8 shall be filed with the corporation. The corporation shall determine the amount of the credit allocation, if necessary, and return the claim to the taxpayer. The taxpayer shall file the credit allocation with the taxpayer's tax return with the department of taxation. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-16 Administration of federal programs.

§201H-16 Administration of federal programs.
(a) The corporation may carry out federal programs designated to be carried out by a housing finance or housing development entity.
(b) The corporation shall adopt necessary rules in accordance with chapter 91, including the establishment and collection of reasonable fees for administering the program, to carry out any federal program in subsection (a).
(c) All fees collected for administering the program may be deposited into an appropriate special fund of the corporation and may be used to cover the administrative expenses of the corporation. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-17 Federal funds outside of state treasury.

§201H-17 Federal funds outside of state treasury.
Notwithstanding chapter 38, the corporation may establish and manage federal funds outside of the state treasury to be used for federal housing programs. The corporation shall invest those funds in permitted investments in accordance with chapter 36. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-18 Public works contracts.

§201H-18 Public works contracts.
The corporation may make, execute, and carry out contracts for, or in connection with, any housing project in the manner provided under chapter 103D and section 103-53; provided that with regard to the contracts, the term "officers", as used in chapter 103D, shall mean the corporation or officer authorized by the corporation to act as its contracting officer. Unless made and executed in the name of the State, each contract made and executed as authorized in this section shall state therein that it is so made and executed. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-19 Remedies of an obligee: mandamus; injunction; possessory action; receiver; accounting; etc.

§201H-19 Remedies of an obligee: mandamus; injunction; possessory action; receiver; accounting; etc.
An obligee of the corporation shall have the right, in addition to all other rights that may be conferred on the obligee subject only to any contractual restrictions binding upon the obligee, and subject to the prior and superior rights of others:
(1) By mandamus, suit, action, or proceeding in law or equity to compel the corporation, and the members, officers, agents, or employees thereof to perform each and every item, provision, and covenant contained in any contract of the corporation, and to require the carrying out of any or all covenants and agreements of the corporation and the fulfillment of all duties imposed upon the corporation by this chapter;
(2) By suit, action, or proceeding in equity to enjoin any acts or things that may be unlawful, or the violation of any of the rights of the obligee of the corporation;
(3) By suit, action, or proceeding in any court of competent jurisdiction to cause possession of any housing project or any part thereof to be surrendered to any obligee having the right to possession pursuant to any contract of the corporation;
(4) By suit, action, or proceeding in any court of competent jurisdiction, upon the happening of an event of default (as defined in a contract of the corporation), to obtain the appointment of a receiver of any housing project of the corporation or any part or parts thereof, and if the receiver is appointed, the receiver may enter and take possession of the housing project or any part or parts thereof and operate and maintain same, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom in the same manner as the corporation itself might do and shall keep the moneys in a separate account or accounts and apply the same in accordance with the obligations of the corporation as the court shall direct; and
(5) By suit, action, or proceeding in any court of competent jurisdiction to require the corporation and the members thereof to account as if it and they were the trustees of an express trust. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
Case Notes
Mentioned: 903 F. Supp. 2d 1037 (2012).
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-20 Subordination of mortgage to agreement with government.

§201H-20 Subordination of mortgage to agreement with government.
The corporation may agree in any mortgage made by it that the mortgage shall be subordinate to a contract for the supervision by a governmental agency of the operation and maintenance of the mortgaged property and the construction of improvements thereon. In that event, any purchaser or purchasers at a sale of the property of the corporation pursuant to a foreclosure of the mortgage or any other remedy in connection therewith shall obtain title subject to the contract. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-21 Duty to make reports.

§201H-21 Duty to make reports.
Except as otherwise provided by law, the corporation shall:
(1) File at least once a year with the governor a report of its activities for the preceding fiscal year;
(2) Report to the state comptroller on moneys deposited in depositories other than the state treasury under section 40-81 and rules adopted thereunder; and
(3) Submit an annual report to the legislature on all corporation program areas and funds organized by program area, and by fund within each program area, no later than twenty days prior to the convening of each regular session, which shall provide the following information on the status of its programs and finances:
(A) A description of programs being developed in the current fiscal biennium, including a summary listing of the programs, the status of each program, the methods of project financing or loans, and other information deemed significant;
(B) A description of programs planned for development during the two ensuing fiscal bienniums, including a summary listing of the proposed programs, the methods of project financing or loans, and other information deemed significant;
(C) A status report of actual expenditures made in the prior completed fiscal year from each fund established under this chapter, estimated expenditures anticipated for the current fiscal year, and projected expenditures for the ensuing fiscal years to be described in relation to specific projects developed to implement the purposes of any program or fund established under this chapter;
(D) A financial audit and report conducted on an annual basis by a certified public accounting firm; and
(E) Recommendations with reference to any additional legislation or other action that may be necessary to carry out the purposes of this [chapter]. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-22 Quitclaim deeds.

§201H-22 Quitclaim deeds.
Unless otherwise provided by law, the corporation shall issue quitclaim deeds and leases whenever it conveys, transfers, sells, or assigns any property developed, constructed, or sponsored under this chapter. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-23 For-sale developments.

§201H-23 For-sale developments.
[(a)] 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, shall:
(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 or ordinance.
[(b)] As used in this section:
"Affordable housing" means the same as defined under section 201H-57.
"Reserved housing" means the same as defined under section 206E-101. [L 2008, c 123, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-31 Criteria.

§201H-31 Criteria.
In administering this chapter and other laws of the State applicable to the supplying of housing or the assistance in obtaining housing, the corporation shall give preference to those applicants most in need of assistance in obtaining housing, in light of the amount of moneys available for the various programs. In doing so, the corporation shall take into consideration the applicant's household income and number of dependents; the age of the applicant; the physical disabilities of the applicant or those living with the applicant; whether or not the present housing of the applicant is below standard; whether or not the applicant's need for housing has arisen by reason of displacement of the applicant by governmental actions; and other factors as it may deem pertinent.
[L 2006, c 180, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-34 Additional powers; development.

§201H-34 Additional powers; development.
Notwithstanding section 103-7, but with the approval of the governor, the corporation may enter into and carry out agreements and undertake projects or participate in projects authorized by this chapter. [L 2006, c 180, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-34.5 Authority to modify and amend development agreements with eligible developers.

§201H-34.5 Authority to modify and amend development agreements with eligible developers.
The corporation is authorized to amend, delete, restate, and otherwise modify the terms, conditions, plans, specifications, and all other matters relating, directly or indirectly, to any housing project that was previously approved by the corporation, including the terms, covenants, and conditions of any development agreement for a housing project between the corporation and an eligible developer. [L 2009, c 143, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201H. Hawaii Housing Finance and Development Corporation › 201H-35 Bond financing.

§201H-35 Bond financing.
The director of finance may issue general obligation bonds and short-term project notes of the State in an aggregate amount not to exceed $105,000,000 for the dwelling unit revolving fund created by section 201H-191. Pending the receipt of funds from the issuance and sale of the bonds and notes, the amount required for the purposes of this chapter shall be advanced from the general fund of the State. Upon the receipt of the bond or note funds, the general fund shall be reimbursed. The director of finance may sequester and separate the proceeds from the sale of the bonds and notes into separate funds and the amounts in either fund may be used for any of the purposes set forth in this chapter. [L 2006, c 180, pt of §3]