reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 20. Social Services › 354D. Hawaii Correctional Industries › 354D-4 Powers and duties of the director.

§354D-4 Powers and duties of the director.
Under the supervision of the director or the director's designee, the administrator of the correctional industries program shall:
(1) Develop programs generating revenue that best sustains their operation and allows for capital investment, and reimburses the general fund, when possible, for the expense of correctional services;
(2) Develop programs providing the maximum level of work and training opportunities for qualified, able-bodied inmates;
(3) Develop programs assuming responsibility for training qualified, appropriately screened inmates in applicable work and specific training skills that increase their employment prospects after release;
(4) Develop programs in which inmates can learn skills used in the construction and other industries, while providing low-cost construction, renovation, and repairs of facilities, grounds, furniture, vehicles, and equipment for private, nonprofit social services, health, or education agencies and programs;
(5) Acquire or purchase equipment, materials, supplies, office space, insurance, and services necessary to establish and maintain programs pursuant to this chapter;
(6) Conduct industries or enterprises for the employment of qualified, able-bodied inmates in the manufacture or production of articles and products deemed appropriate for sale by the director and the provision of services for sale to the public or that may be needed for the construction, operation, maintenance, or use of any office, department, institution, or agency supported in whole or in part by a state and its political subdivisions or the federal government;
(7) Sell uniforms and uniform accessories to state-employed adult corrections officers;
(8) Purchase, lease, trade, exchange, acquire, and maintain personal property; and
(9) Accept grants or loans from the State, the counties, or the federal government. [L 1990, c 341, pt of §1; am L 1991, c 256, §2; am L Sp 1993, c 8, §54; am L 2004, c 216, §39; am L 2007, c 19, §1; am L 2016, c 227, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 354D. Hawaii Correctional Industries › 354D-5 Advisory committee.

§354D-5 Advisory committee.
(a) There is established within the department a committee to be known as the correctional industries advisory committee. This advisory committee shall advise the department of the feasibility of establishing venture agreements with private sector businesses to utilize the services of qualified, able-bodied inmates pursuant to section 354D-13.
(b) The advisory committee shall consist of nine members who shall be appointed by the governor in accordance with section 26-34. The governor shall designate a member to be chairperson of the advisory committee. The director or a designee shall serve as an ex officio[,] nonvoting member of the advisory committee. In establishing the advisory committee, the governor shall appoint at least two members representing private sector businesses and two members representing labor unions. The members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, that are necessary for the performance of their duties. [L 1990, c 341, pt of §1; am L 1994, c 194, §1; am L 1996, c 158, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 354D. Hawaii Correctional Industries › 354D-6 Required programs.

§354D-6 Required programs.
(a) The administrator shall establish programs that provide essential products and services for each of the State's correctional facilities, for other state agencies, and for the counties, as may be required.
(b) To the extent that inventories and equipment for specific services may be dedicated to the development of correctional industries, the director may transfer the supervision of inventory and equipment to the administrator.
(c) A portion of real property at each correctional facility shall be designated by the director as an industry area. The director may assign these facilities to the administrator who shall be responsible for the maintenance and upkeep of the areas.
(d) The director or a designated representative may consult with the administrator of the state procurement office to identify goods or services which the correctional industries program may produce or provide to any state agency. The administrator of the state procurement office shall provide a list of goods and services available from the correctional industries program and any state agency may purchase these goods and services from the correctional industries program. [L 1990, c 341, pt of §1; am L 1998, c 140, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 354D. Hawaii Correctional Industries › 354D-7 Pricing.

§354D-7 Pricing.
(a) The administrator, with the approval of the director, shall determine the prices at which all goods and services produced are sold. The prices shall be as near to the prevailing market prices for similar goods and services as practicable.
(b) The administrator shall prepare catalogs containing the description of all goods and services produced with the price of each item. Copies of the catalogs shall be made available to the State, the counties, and the federal government.
(c) The administrator shall ensure that the quality of goods and services produced is comparable to similar goods and services available from the private sector. For sales to the State or the counties, the quality of the goods or services shall be consistent with the specifications for the goods or services requested. [L 1990, c 341, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 354D. Hawaii Correctional Industries › 354D-8 Business operations; budget.

§354D-8 Business operations; budget.
(a) The administrator may purchase or cause to be purchased and maintained all necessary materials, supplies, space, services, and equipment required for the operation of the program.
(b) All acquisitions, purchases, and loan repayments of the administrator shall be payable from the revenues derived from the sale of goods and services authorized by this chapter.
(c) The administrator, with the approval of the director, may enter into loan arrangements with the director of finance or other organizations when funds are needed for a new or expanded program.
(d) The director or a designated representative shall make regular reports, including monthly operating statements and annual finance reports. The director shall provide the annual operating report for the correctional industries program to the governor and the legislature.
(e) The administrator shall submit a proposed annual budget of the correctional industries program as part of the total budget of the department of corrections and rehabilitation. The advisory committee shall review the budget of the correctional industries program. [L 1990, c 341, pt of §1; am L 1991, c 256, §3; am L Sp 1993, c 8, §54; am L 2004, c 216, §40; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 354D. Hawaii Correctional Industries › 354D-10 Correctional industries revolving fund.

§354D-10 Correctional industries revolving fund.
(a) There is created the correctional industries revolving fund to be administered by the department. All moneys collected by the department from the sale or disposition of goods and services produced in accordance with this chapter and any inmate deductions shall be deposited into the correctional industries revolving fund. The proceeds in the correctional industries revolving fund shall be used for: the purchase or lease of supplies, equipment, and machinery; the construction, leasing, or renovating of buildings used to carry out the purposes of this chapter; the salaries of personnel necessary to administer the enterprises established in accordance with this chapter; payment of inmates for work assignments; the reimbursement of incarceration costs of the inmates related to the inmates' participation in correctional industries; and other necessary expenses; provided that the correctional industries revolving fund shall not be maintained in excess of the amount necessary to carry out the purposes of this chapter.
(b) The director shall perform actuarial evaluations of the management and operation of the fund from time to time, as may be necessary, to ensure that the fund is self-sufficient. [L 1990, c 341, pt of §1; am L 1991, c 256, §4; am L 1993, c 280, §56 and c 303, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 354D. Hawaii Correctional Industries › 354D-11 Provisions for qualified, able-bodied inmates; employment.

§354D-11 Provisions for qualified, able-bodied inmates; employment.
(a) The director or a designated representative shall make all qualified, able-bodied inmate work assignments with the correctional industries program and establish the rate of compensation for the assignments. A portion of the compensation shall be paid to the qualified, able-bodied inmate in relation to the number of hours worked, type of work assignment, and quality of work performed. Payment rates shall be established on an annual basis after review by the advisory committee.
(b) The department shall recommend a possible reduction in the minimum term to the Hawaii paroling authority for any offender satisfactorily participating in the correctional industries program for a minimum of one year or for any period the equivalent of one-half of the balance of the term remaining to the tentative parole date. The possible reduction in the minimum term shall be determined by the performance and evaluation of the offender by the correctional industries program as recommended to the director or the director's designee.
(c) The department is authorized to adopt rules governing the employment, conduct, and management of qualified, able-bodied inmates while assigned to programs. All rules pertaining to the payment, employment, conduct, and management of qualified, able-bodied inmates shall be published and posted for inmates. [L 1990, c 341, pt of §1; am L 1991, c 256, §5]
2023 Hawaii Revised Statutes › Title 20. Social Services › 354D. Hawaii Correctional Industries › 354D-12 Training and employment by organization; account proceeds and wages.

§354D-12 Training and employment by organization; account proceeds and wages.
(a) The administrator, after consultation and with the approval of the director, is authorized to contract with any labor organization, private profit or nonprofit organization, or federal or state agency for the purpose of training or employing qualified, able-bodied inmates.
(b) Proceeds and wages owed to a qualified, able-bodied inmate from the sale of goods or services that were produced by the qualified, able-bodied inmate under a program authorized by this chapter shall be held in an account maintained by the department and paid:
(1) To the crime victim compensation special fund on a quarterly basis in amounts representing not less than five per cent nor more than twenty per cent of the earnings of all inmates in the State incarcerated for a violent crime listed in section 351-32; provided that these payments shall be mandatory and shall in no way relate to any claim filed under chapter 351; and provided further that the director shall submit timely annual reports to the legislature and the crime victim compensation commission on the amounts paid pursuant to this paragraph during the previous fiscal year;
(2) To support the qualified, able-bodied inmate's dependents in amounts deemed appropriate by the department after consultation with the department of human services;
(3) Into trust funds that may be established for the qualified, able-bodied inmate and shall be payable upon the inmate's release; and
(4) Into the correctional industries revolving fund, for costs incident to the qualified, able-bodied inmate's confinement in an amount determined by the department, but not to exceed twenty per cent of the proceeds and wages. [L 1990, c 341, pt of §1; am L 1992, c 125, §2; am L 1993, c 303, §2; am L 1998, c 240, § §6, 7; am L 1999, c 18, §12]
2023 Hawaii Revised Statutes › Title 20. Social Services › 354D. Hawaii Correctional Industries › 354D-13 Venture agreements.

§354D-13 Venture agreements.
(a) The department, working through the correctional industries program, may enter into venture agreements with private persons for the utilization of qualified, able-bodied inmate labor in the manufacture, processing, or assembly of components, finished goods, services, or product lines within facilities owned or leased by the department, or at other sites approved by the director. The department may enter into agreements allowing for shared financing by the administrator and the private contractor for the facility, equipment, raw materials, and operation of industries developed pursuant to this section. The agreements shall be subject to review as to form by the attorney general and by the advisory committee.
(b) Qualified, able-bodied inmates producing goods and services under the terms of an agreement authorized by this section shall be paid on a scale to be determined by the director. These payments shall be distributed to offset the cost of imprisonment, incidental expenses, restitution, child support, and to establish funds in trust for the qualified able-bodied inmate upon release in conformance with section 354D
-
12.
(c) The correctional industries program may market goods and services produced under a venture agreement to both the public and private sectors. [L 1990, c 341, pt of §1; am L 1991, c 256, §6; am L 1992, c 36, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 354D. Hawaii Correctional Industries › 354D-14 Disclosure of interests.

§354D-14 Disclosure of interests.
Any employee, adviser, or any other agent of the correctional industries program who has a direct or indirect interest in any contract or transaction with the correctional industries program shall disclose this interest to the administrator. No employee, adviser, or agent having an interest shall participate on behalf of the correctional industries program in the authorization of any contract or transaction. [L 1990, c 341, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 355. Western Interstate Corrections Compact › 355-2 Commitment or transfer of inmate.

§355-2 Commitment or transfer of inmate.
Any court or other agency or officer of the State having power to commit or transfer an inmate (as defined in Article 2(d) of the Western Interstate Corrections Compact) to any institution for confinement may commit or transfer the inmate to any institution within or without the State if the State has entered into a contract or contracts for the confinement of inmates in the institution pursuant to Article 3 of the Western Interstate Corrections Compact. [L 1965, c 118, §2; Supp, §83E-2; HRS §355-2]
Case Notes
Re "due process" requirements for out-of-state transfers of prisoners. 387 F. Supp. 912 (1975); 396 F. Supp. 196 (1975).
2023 Hawaii Revised Statutes › Title 20. Social Services › 355. Western Interstate Corrections Compact › 355-3 Enforcement.

§355-3 Enforcement.
The courts, departments, agencies, and officers of the State of Hawaii and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions including but not limited to the making and submission of such reports as are required by the compact. [L 1965, c 118, §3; Supp, §83E-3; HRS §355-3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 355. Western Interstate Corrections Compact › 355-4 Hearing.

§355-4 Hearing.
The director of corrections and rehabilitation and the director's authorized subordinates and agents shall hold such hearings as may be requested by any other party state pursuant to Article 4(f) of the Western Interstate Corrections Compact. [L 1965, c 118, §4; Supp, §83E-4; HRS §355-4; gen ch 1985; am L 1987, c 338, §10; am L 1989, c 211, §8; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 355. Western Interstate Corrections Compact › 355-5 Contracts.

§355-5 Contracts.
The director of corrections and rehabilitation may enter into such contracts on behalf of the State of Hawaii as may be appropriate to implement the participation of the State in the Western Interstate Corrections Compact pursuant to Article 3 thereof. No such contract shall be of any force or effect until approved by the governor and comptroller. [L 1965, c 118, §5; Supp, §83E-5; HRS §355-5; am L 1987, c 338, §10; am L 1989, c 211, §8; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 355D. Interstate Corrections Compact › 355D-2 Commitment or transfer of inmate.

§355D-2 Commitment or transfer of inmate.
Any court or other agency or officer of the State having power to commit or transfer an inmate, as defined in article II(d) of the Interstate Corrections Compact, to any institution for confinement may commit or transfer the inmate to any institution within or without the State if the State has entered into a contract or contracts for the confinement of inmates in the institution pursuant to article III of the Interstate Corrections Compact. [L 1996, c 57, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 355D. Interstate Corrections Compact › 355D-3 Enforcement.

§355D-3 Enforcement.
The courts, departments, agencies, and officers of the State or any county shall enforce this compact and shall do all things appropriate to effectuate its purposes and intent that may be within their respective jurisdictions, including but not limited to the making and submission of such reports as are required by the compact. [L 1996, c 57, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 355D. Interstate Corrections Compact › 355D-4 Hearings.

§355D-4 Hearings.
The director of corrections and rehabilitation and the director's authorized subordinates and agents shall hold such hearings as may be requested by any other party state pursuant to article IV(f) of the Interstate Corrections Compact. [L 1996, c 57, pt of §1; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 355D. Interstate Corrections Compact › 355D-5 Contracts.

§355D-5 Contracts.
The director of corrections and rehabilitation may enter into such contracts on behalf of the State as may be appropriate to implement the participation of the State in the Interstate Corrections Compact pursuant to article III thereof. No such contract shall be of any force or effect until approved by the governor and comptroller. [L 1996, c 57, pt of §1; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-2 Hawaii public housing authority; establishment, staff.

§356D-2 Hawaii public housing authority; establishment, staff.
(a) There is established the Hawaii public housing authority to be placed within the department of human services for administrative purposes only. The authority shall be a public body and a body corporate and politic.
(b) The authority shall employ, exempt from chapter 76 and section 26-35(a)(4), an executive director, an executive assistant, a chief financial management advisor, a property management branch chief, a chief planner, and a redevelopment officer, whose salaries shall be set by the board established under section 356D-3; provided that no salary shall exceed the governor's salary. The authority may employ, subject to chapter 76, technical experts and officers, agents, and employees, permanent or temporary, as required. The authority 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 authority, the services to be performed are unique and essential to the execution of the functions of the authority; provided that if the authority hires an officer, agent, or employee in a capacity not subject to chapter 76, the authority shall include in an annual report to the legislature, to be submitted not later than twenty days prior to the convening of each regular session, the position descriptions and reasons for hiring the personnel in a civil service exempt capacity. The authority may call upon the attorney general for legal services as it may require. The authority may delegate to one or more of its agents or employees the powers and duties it deems proper. [L 2006, c 180, pt of §2; am L 2013, c 152, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-3 Board; establishment, functions, duties.

§356D-3 Board; establishment, functions, duties.
(a) There is created a board of directors consisting of eleven members, of whom nine shall be public members appointed by the governor as provided in section 26-34. Public members shall be appointed from each of the counties of Honolulu, Hawaii, Maui, and Kauai. At least one public member shall be a person who is directly assisted by the authority under the federal low-rent public housing or federal section 8 tenant-based housing assistance payments program while serving on the board. One public member shall be an advocate for low-income or homeless persons. One public member shall be a person with a disability or an advocate for persons with disabilities. The public members of the board shall serve four-year staggered terms; provided that the initial appointments shall be as follows: four members shall be appointed for four years; three members shall be appointed for three years; and two members shall be appointed for two years. The director of human services, or a designated representative, and a representative of the governor's office, shall be ex officio[,] voting members. The authority shall be headed by the board.
(b) The board of directors shall select a chairperson and vice-chairperson from among its members. The director of human services and the governor's representative shall be ineligible to serve as chairperson of the board.
(c) Six members shall constitute a quorum, whose affirmative vote shall be necessary for all actions by the authority. 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 2006, c 180, pt of §2; am L 2007, c 249, §34; am L 2010, c 48, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-4 General powers of the authority.

§356D-4 General powers of the authority.
(a) The authority 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;
(5) Sell, lease, rent, hold, maintain, use, and operate any property, real, personal, or mixed, tangible or intangible, in support of its purposes, powers, and programs; provided that the sale of real property shall be subject to legislative approval;
(6) Receive by gift, grant, devise, bequest, or otherwise from any source, any property, real, personal, or mixed, intangible or tangible, absolutely or in trust, to be used and disposed of, either the principal or the income thereof, for the benefit only of the residents assisted by its programs; provided that no gift to the authority that has an estimated value of $1,000 or more shall be accepted unless approved or confirmed by the board; and
(7) Engage the services of volunteers as deemed appropriate by the authority without regard to chapter 76, 89, 90, 103, or 103D.
(b) In addition to other powers conferred upon it, the authority may do all things necessary and convenient to carry out the powers expressly provided in this chapter. [L 2006, c 180, pt of §2; am L 2013, c 148, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-5 Resident advisory boards; establishment.

§356D-5 Resident advisory boards; establishment.
(a)
The authority may establish a resident advisory board or boards, which shall be comprised of federal public housing residents or section 8 tenant-based housing assistance recipients, to assist and make recommendations to the authority regarding the development of the public housing agency plan and any significant amendments or modifications to it. The members of the resident advisory board or boards shall adequately reflect and represent residents of federal public housing projects and recipients of section 8 tenant-based assistance administered by the authority.
(b) The members of the resident advisory board shall not be compensated for their services but shall be reimbursed for necessary expenses, including travel expenses, incurred while engaged in business for the resident advisory board.
(c) The authority may adopt rules in accordance with chapter 91 with respect to the establishment of the resident advisory board or boards, including rules concerning the composition, eligibility, selection, and term of members. This section shall not apply if it conflicts with any federal law. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-6 Nomination of resident board member.

§356D-6 Nomination of resident board member.
(a) If a vacancy occurs for the resident member seat on the board, the resident advisory board shall compile a list of no less than three but no more than five individuals for the governor's consideration for appointment to the board; provided the nominees to the board shall be:
(1) Participants who are directly assisted by the authority under the federal public housing or section 8 tenant-based programs and who need not be members of the resident advisory board;
(2) At least eighteen years of age; and
(3) Authorized members of the assisted household.
(b) Any individual satisfying the requirements of subsection (a) may also submit that individual's name for the governor's consideration for appointment to the board of directors. [L 2006, c 180, pt of §2; am L 2012, c 19, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-6.5 Prohibition on smoking in and around public housing; designated smoking areas.

§356D-6.5 Prohibition on smoking in and around public housing; designated smoking areas.
(a) Smoking shall be prohibited in any public housing project, elder or elderly housing, as defined in section 356D-1, or state low-income housing project, as defined in section 356D-51, within:
(1) Each individual housing unit;
(2) All common areas;
(3) Community facilities; and
(4) Twenty-five feet from each individual building and each administrative office building of the public housing project, elder or elderly housing, or state low-income housing project, and from any entrance, exit, window, and ventilation intake that serves an enclosed or partially enclosed area.
(b) Notwithstanding subsection (a), the authority may designate one or more permissible smoking areas at least twenty-five feet away from any residential or other building, or any greater distance away as may ensure that the secondhand smoke does not infiltrate any dwelling unit or office.
(c) The authority shall place and maintain "No smoking" signage at all entrances and exits of the property. The authority may display additional "No smoking" signage at residential and community facilities at their entrances and exits, offices, and in or at enclosed, partially enclosed, or open common areas for the purpose of conspicuous notice.
(d) The authority may adopt rules pursuant to chapter 91 to effectuate the purposes of this section.
(e) For purposes of this section:
"Common areas" means roofs, halls, sidewalks, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of the building or buildings, basements, yards, gardens, recreational facilities, parking areas, storage spaces, and other parts of the project or household normally in common use or other areas designated by the authority.
"Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. [L 2014, c 91, §1; am L 2018, c 127, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-6.7 Closed to the public.

§356D-6.7 Closed to the public.
(a) Any area within a housing project that is not a public street, road, highway, sidewalk, or county or state bus stop, shall be closed to the public where signs are displayed that read: "Closed to the Public €“ No Trespassing", or a substantially similar message; provided that the signs:
(1) Contain letters no less than two inches in height; and
(2) Are placed at reasonable intervals no less than three signs to a mile along the boundary line of the areas that are closed to the public and at all entrances to the property, in a manner and position to be clearly noticeable from outside the boundary line.
(b) For the purposes of this section:
"Housing project" means a public housing project, elder or elderly housing, as defined in section 356D-1, or state low-income housing project, as defined in section 356D-51. [L 2018, c 31, §2]
Cross References
Criminal trespass in the second degree, see §708-814.
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-7.5 Exemption from tax on income and obligations.

§356D-7.5 Exemption from tax on income and obligations.
Income earned and obligations issued by a nonprofit entity determined to be a "public housing agency" pursuant to section 3(b)(6) of the United States Housing Act of 1937, as amended, and which income and obligations are declared by the United States Department of Housing and Urban Development to be exempt from all taxation imposed by the United States pursuant to section 11(b) of the Act, shall be exempt from all taxation now or hereafter imposed by the State. [L 2013, c 146, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-8 Acquisition, use, and disposition of property.

§356D-8 Acquisition, use, and disposition of property.
(a) The authority 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 public housing. Exchange of real property shall be in accordance with section 171-50.
(b) The authority may own or hold real property. All real property owned or held by the authority shall be exempt from mechanics' or materialmen's liens and also from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the property of the authority nor shall any judgment against the authority be a charge or lien upon its real property; provided that this subsection shall not apply to nor limit the right of obligees to foreclose or otherwise enforce any mortgage of the authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the authority on its rents, fees, or revenues. The authority and its property shall be exempt from all taxes and assessments.
(c) The authority may lease or rent all or a portion of any public housing project and establish and revise the rents or charges therefor. The authority may sell, exchange, transfer, assign, or pledge any property, real or personal, or any interest therein to any person or government.
(d) The authority may insure or provide for the insurance of its property or operations against risks as it deems advisable. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-10 Agents, including corporations.

§356D-10 Agents, including corporations.
The authority may exercise any or all of the powers conferred upon it, either generally or with respect to any specific public housing project through an agent that it may designate, including any corporation that is formed under the laws of this State, and for those purposes the authority 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 authority or its nominee, may to the extent permitted by law, exercise any of the powers conferred upon the authority in this chapter. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-11.2 Ceded lands; vacancy; development.

§356D-11.2 Ceded lands; vacancy; development.
(a) No housing projects developed or constructed pursuant to this part shall be developed or constructed on ceded land that is vacant on or after January 1, 2022.
(b) For the purposes of this section, "housing project" shall have the same meaning as that term is defined in section 356D-11. [L 2022, c 251, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-11.5 Broadband infrastructure.

§356D-11.5 Broadband infrastructure.
(a) Each public housing project or state low-income housing project that is built or reconstructed after January 1, 2023, shall be built or reconstructed with all broadband infrastructure that is necessary for tenants to have access to broadband service.
(b) As used in this section:
"Broadband infrastructure" means the medium used to provide broadband service, including fiber optic cable, copper cable, coaxial cable, and wireless media, such as satellite communications, wireless networks, and worldwide interoperability for microwave access.
"Broadband service" means an always-on service that includes but is not limited to computer processing capabilities, information provision, and computing interactivity with data transport, which enables end users to access the Internet and use a variety of applications at minimum speeds established by the Federal Communications Commission. "Broadband service" does not include wireless network infrastructure or facilities used to provide wireless services over a licensed spectrum.
"State low-income housing project" has the same meaning as in section 356D-51. [L 2022, c 234, §1; am L 2023, c 194, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-12 Development of property; additional powers.

§356D-12 Development of property; additional powers.
(a) Notwithstanding any other law to the contrary, whenever the bids submitted for the development or rehabilitation of any housing project authorized pursuant to this chapter exceed the amount of funds available for that project, the authority, with the approval of the governor, may disregard the bids and enter into an agreement to carry out the project, undertake the project, or participate in the project under the agreement; provided that:
(1) The total cost of the agreement and the authority's participation, if any, shall not exceed the amount of funds available for the project; and
(2) If the agreement is with a nonbidder, the scope of the project under agreement shall remain the same as that for which bids were originally requested.
(b) For purposes of this section, "housing project" shall have the same meaning as that term is defined in section 356D-11. [L 2006, c 180, pt of §2; am L 2022, c 251, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-12.5 Development of property; partnership or development agreement.

§356D-12.5 Development of property; partnership or development agreement.
(a) Any housing project may be developed under sections 356D-11 and 356D-12 by the authority in partnership or under a development agreement with a private party; provided that a written partnership or development agreement is executed by the authority. At a minimum, the partnership or development agreement shall provide for:
(1) A determination by the authority that the partnership or development agreement is for a public purpose; and
(2) Final approval by the authority of the plans and specifications for the housing project.
(b) For the development of housing projects pursuant to subsection (a), except as provided by federal law or regulation, the authority shall not be subject to chapters 103 and 103D or any and all other requirements of law for competitive bidding for partnership or development agreements, construction contracts, or other contracts; provided that the authority shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices.
(c) The authority shall submit an annual report to the legislature, no later than twenty days prior to the convening of each regular session, on the status of all housing projects being developed using partnership or development agreements pursuant to subsection (a).
(d) The authority may adopt rules pursuant to chapter 91 necessary for the purposes of this section.
(e) For the purposes of this section, "housing project" shall have the same meaning as that term is defined in section 356D-11. [L 2012, c 164, §2; am L 2022, c 251, §5]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-13 Administration of federal programs.

§356D-13 Administration of federal programs.
(a) The authority may carry out federal programs designated to be carried out by a public housing agency, or entity designated by the authority.
(b) The authority 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 authority and may be used to cover the administrative expenses of the authority. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-13.2 Housing choice voucher landlord incentive program.

§356D-13.2 Housing choice voucher landlord incentive program.
(a) The authority shall adopt rules, without regard to chapter 91, to establish the following incentives for landlords participating in the tenant-based assistance housing choice voucher program under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f):
(1) The landlord may be reimbursed up to one month of rent at the contract rate when the dwelling unit sits vacant:
(A) Between rentals to tenants participating in the section 8 housing choice voucher program; or
(B) When the landlord initially transitions the dwelling unit to a rental under the section 8 housing choice voucher program; and
(2) The landlord may receive a signing bonus of up to one month of rent at the contract rate when the landlord first joins the section 8 housing choice voucher program by entering into a contract with the authority and securing a tenant participating in the section 8 housing choice voucher program for the dwelling unit; provided that a landlord receiving the signing bonus shall not also receive reimbursement under paragraph (1)(B).
(b) The incentives in subsection (a) shall supplement the incentive offered under the section 8 housing choice voucher landlord incentive program established pursuant to Act 215, Session Laws of Hawaii 2019, to reimburse landlords who participate in the section 8 housing choice voucher landlord incentive program for repair costs of tenant-caused property damage when the repair costs exceed the tenant's security deposit.
(c) The following requirements shall apply to the reimbursement for repair costs:
(1) The landlord shall submit a claim to the authority within thirty calendar days of the tenant vacating the dwelling unit;
(2) The authority may reimburse the landlord up to an amount to be determined by the authority for verified costs to repair the tenant-caused property damage, subject to availability of funding; provided that the costs of repair shall exceed the security deposit; and
(3) Claims that exceed an amount to be determined by the authority shall include an estimate from a licensed contractor setting forth the costs to repair the damages caused by the tenant to the dwelling unit. [L 2022, c 287, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-13.5 Housing choice voucher program administration.

§356D-13.5 Housing choice voucher program administration.
Any housing choice voucher program voucher issued by the authority shall automatically be returned to the authority upon the death or removal from assistance of the last original household member; provided that, where the original head or co-head of the household is survived by a minor who was subsequently added to the household by birth, adoption, or court order and the family properly reported the birth, adoption, or court order to the authority, the household may retain the voucher until the youngest minor added to the household reaches the age of twenty-one, or reaches the age of twenty-three if the youngest minor is a full-time student at a business school, technical school, college, community college, or university. No legal guardian shall be added to the household to care for the minor or minors unless the legal guardian is also eligible for participation in the housing choice voucher program; provided further that any legal guardian added to the household shall not retain the voucher after the youngest minor has reached the age of twenty-one, or has reached the age of twenty-three if the youngest minor is a full-time student at a business school, technical school, college, community college, or university. [L 2014, c 178, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-14 Federal funds outside of state treasury.

§356D-14 Federal funds outside of state treasury.
Notwithstanding chapter 38, the authority may establish and manage federal funds outside of the state treasury to be used for federal housing programs. The authority shall invest the funds in permitted investments in accordance with chapter 36. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-15 Eminent domain, exchange, or use of public property.

§356D-15 Eminent domain, exchange, or use of public property.
(a) The authority may acquire any real property, including fixtures and improvements, or interest therein, through:
(1) Voluntary negotiation;
(2) 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
(3) 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 authority 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 authority 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 may be acquired without the approval of the public utilities commission; and provided further that the acquisition is 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 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-16 Contracts with the federal government.

§356D-16 Contracts with the federal government.
(a) The authority may:
(1) Borrow money or accept grants from the federal government for or in aid of any public housing project that the authority is authorized to undertake;
(2) Take over any land acquired by the federal government for the construction or operation of a public housing project;
(3) Take over, lease, or manage any public housing project constructed or owned by the federal government, and to these ends, enter into contracts, mortgages, leases, or other agreements as the federal government may require, including agreements that the federal government shall have the right to supervise and approve the construction, maintenance, and operation of the public housing project;
(4) 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 authority on any property included in any public housing project;
(5) Agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages, payment of not less than prevailing salaries or wages, or compliance with labor standards, in the development or administration of public housing projects, and include in any construction contract let in connection with a project stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor;
(6) Comply with any conditions required by the federal government in any contract for financial assistance; and
(7) Execute contracts with the federal government.
(b) In any contract for annual contributions with the federal government, the authority may obligate itself to convey to the federal government possession of or title to the public housing project to which the contract relates, if a substantial default, as defined by contract, occurs. Notwithstanding any other law to the contrary, this obligation shall be specifically enforceable and shall not constitute a mortgage.
The contract may provide further that if a conveyance occurs, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project in accordance with the terms of the contract; provided that the contract shall require that as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the authority the project as then constituted.
(c) It is the purpose and intent of this section to authorize the authority 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 public housing project that the authority is empowered to undertake. [L 2006, c 180, pt of §2]
Case Notes
Mentioned: 903 F. Supp. 2d 1037 (2012).
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-17 Public works contracts.

§356D-17 Public works contracts.
The authority may make, execute, and carry out contracts for, or in connection with, any public housing project in the manner provided in chapter 103D and section 103-53; and, with regard to the contracts, the term "procurement officer", as used in chapter 103D, shall mean the authority or officer authorized by the authority 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 2006, c 180, pt of §2]