Title 13, Planning And Economic Development

§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 …

§201B-16 Annual report. The authority shall submit a complete and detailed report of its activities, expenditures, and results, including the progress of the strategic tourism management plan developed pursuant to section 201B-6, toward achieving the authority's strategic plan go…

§201B-2 Hawaii tourism authority; establishment; board; president and chief executive officer. (a) There is established the Hawaii tourism authority, which shall be a body corporate and a public instrumentality of the State, for the purpose of implementing this chapter. The autho…

[§201B-2.5] Authority, private attorneys. (a) The board may appoint or retain by contract one or more attorneys who are independent of the attorney general to provide legal services for the board solely in cases of contract negotiations in which the attorney general lacks suffici…

§201B-3 Powers, generally. (a) Except as otherwise provided by law, the authority may: (b) The authority shall do any and all things necessary to carry out its purposes, to exercise the powers and responsibilities given in this chapter, and to perform other functions required or …

§201B-4 Meetings of the board. (a) The meetings of the board shall be open to the public as provided in section 92-3, except that when it is necessary for the board to receive: the board may enter into an executive meeting that is closed to the public in accordance with the proce…

§201B-6 Strategic tourism management plan; measures of effectiveness. (a) The authority shall be responsible for developing a strategic tourism management plan that advances tourism marketing, complies with destination management best practices, and promotes regenerative tourism.…

[§201B-6.2] Tourism functional plan. Pursuant to section 226-55, the authority, in coordination with the office of planning and sustainable development, shall prepare and periodically update the tourism functional plan to include tourism economic goals set out in chapter 226, the…

[§201B-6.4] Destination management action plans; counties; objectives; execution. To meet the destination management objectives for each county, the authority shall perform the actions specified in each of the following plans: during the specified phases; provided that the execut…

§201B-7 Tourism-related activities. (a) The authority may enter into contracts and agreements that include the following: provided that the authority shall periodically submit a report of the contracts and agreements entered into by the authority to the governor, speaker of the h…

[§201B-7.5] Applicability of Hawaii public procurement code; convention center contractor; construction contracts. The construction contracts for the maintenance of the convention center facility by the private contractor that operates the convention center, by its direct or indi…

§201B-8 Convention center enterprise special fund. (a) There is established the convention center enterprise special fund, into which shall be deposited: (b) Moneys in the convention center enterprise special fund shall be used by the authority for the payment of expenses arising…

§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 s…

[§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 …

[§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 telecom…

§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 p…

[§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 j…

[§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,…

[PART I. GENERAL PROVISIONS] §201H-1 Definitions. The following terms, wherever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context: "Board" means the board of directors of the Hawaii housi…

§201H-10 Cooperative agreements with other governmental agencies. (a) The corporation may: (b) For the purpose of aiding and cooperating in the planning, construction, and operation of housing projects located within their respective territorial boundaries, any state or county ag…

§201H-100 Housing loan programs; fees. The corporation may establish, revise, charge, and collect fees, premiums, and charges as necessary, reasonable, or convenient, for its housing loan programs. The fees, premiums, and charges shall be deposited into the housing loan program r…

[§201H-101] Housing loan programs; evidence of eligible loan, eligible improvement loan, or eligible project loan. (a) Each mortgage lender who participates in any housing loan program shall submit evidence, as deemed satisfactory by the corporation, that eligible loans, eligible…

[§201H-105] Advance commitments program. (a) The corporation may contract with a mortgage lender for the advance commitment to purchase eligible loans, eligible improvement loans, or eligible project loans. (b) The contract may contain provisions as determined by the corporation …

[§201H-106] Loan funding programs. (a) The corporation may contract with mortgage lenders to fund eligible loans and eligible improvement loans and may directly make or contract with mortgage lenders to fund eligible project loans. (b) Any contract in subsection (a) with a mortga…

[§201H-107] Loans; service and custody. The corporation may contract for the service and custody of its loans. The contract may provide for the payment of fees or charges for the services rendered; provided that the fees or charges shall not exceed the usual, customary, and reaso…

[§201H-108] Loans; sale, pledge, or assignment. (a) Subject to any agreements with the holders of its revenue bonds, the corporation may sell its loans at public or private sale at a price and upon terms and conditions as it determines. (b) Subject to any agreements with [the] ho…

[§201H-109] Loans; insurance and guarantees. The corporation may procure insurance or guarantees against any default of its loans, in amounts and from insurers or guarantors, as it deems necessary or desirable. [L 2006, c 180, pt of §4]

[§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 …

§201H-110 Loans; default. The corporation may:

§201H-12 Development of property. (a) The corporation, in its own behalf or on behalf of any federal, state, or county agency, may: For purposes of this subsection, "mixed-use developments" means a development that contains affordable residential dwelling units that may be combin…

[§201H-120] Additional powers. The powers conferred upon the corporation by this subpart shall be in addition and supplemental to the powers conferred by any other law, and nothing in this subpart shall be construed as limiting any powers, rights, privileges, or immunities so con…

C. Rental Assistance Program [§201H-121] Purpose; findings and determinations. The legislature finds and declares that the health and general welfare of the people of this State require that the people of this State have safe and sanitary rental housing accommodations available a…

[§201H-122] Definitions. The following terms as used in this subpart shall have the following meanings unless a different meaning clearly appears from the context: "Eligible project" means a rental housing project that: Notwithstanding any provision to the contrary, "eligible pro…

[§201H-123] Rental assistance revolving fund. (a) There is created a rental assistance revolving fund to be administered by the corporation. (b) The rental assistance revolving fund may include sums made available from any government program or grant, from private grants or contr…

[§201H-124] Rental assistance contracts. (a) The corporation may enter into a rental assistance contract and a regulatory agreement with the owner of an eligible project, when the owner of an eligible project is other than the corporation. (b) Prior to the execution of a rental a…

[§201H-125] Rental assistance program. (a) Prior to the execution of a rental assistance contract and annually thereafter, the owner shall submit a proposed rental schedule to the corporation for approval. The schedule shall list every rental unit in the project and shall designa…

[§201H-126] Benefits of program not exclusive. Nothing in this subpart shall be construed to prohibit, with respect to an eligible project, the operation of the rental assistance program in conjunction with other state or federal programs including the state rent supplements prov…

[§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 t…

§201H-14 Contracts with the federal government. (a) The corporation may: (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, con…

[§201H-140] Additional powers. The powers conferred upon the corporation by this subpart shall be in addition and supplemental to the powers conferred by any other law, and nothing in this subpart shall be construed as limiting any powers, rights, privileges, or immunities so con…

D. Taxable Mortgage Securities Programs [§201H-141] Definitions. Whenever used in this subpart, unless the context otherwise requires: "Eligible borrower" means: "Eligible loan" or "loan" means: "Housing loan programs" include all or any part of the loan programs authorized in se…

[§201H-142] Housing loan programs; authorization. (a) The corporation may establish under this subpart one or more eligible loan programs. (b) The corporation may invest in, make, purchase, take assignments of, or otherwise acquire or make commitments to invest in, make, purchase…

[§201H-143] Housing loan programs; procedures and requirements. (a) The corporation may establish procedures and requirements for: (b) The corporation may adopt rules under chapter 91 necessary or convenient for the operation of the housing loan programs established under this su…

[§201H-144] Housing loan programs; general powers. (a) The corporation may make, enter into, and enforce all contracts or agreements which are necessary, convenient, or desirable for the purpose of the performance of its powers under this subpart. (b) The corporation may establis…

[§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 s…

[§201H-150] Additional powers. The powers conferred upon the corporation by this subpart shall be in addition and supplemental to the powers conferred by any other law, and nothing in this subpart shall be construed as limiting any powers, rights, privileges, or immunities so con…

E. State Mortgage Guarantee Program [§201H-151] State mortgage guarantee. (a) The corporation may guarantee: plus the interest due thereon, made to qualified borrowers by qualified private lenders; provided that at no time shall the corporation's liability, contingent or otherwis…

[§201H-152] Mortgage guarantee agreements. (a) To induce appropriate officials of any agency or instrumentality of the United States to commit to insure and to insure mortgages under the provisions of the United States Housing Act of 1937, as amended, the corporation may enter in…

[§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 establis…

[§201H-160] Additional powers. The powers conferred upon the corporation by this subpart shall be in addition and supplemental to the powers conferred by any other law, and nothing in this subpart shall be construed as limiting any powers, rights, privileges, or immunities so con…