§206E-3  Hawaii community developmentauthority; established.  (a)  There is established the Hawaii communitydevelopment authority, which shall be a body corporate and a publicinstrumentality of the State, for the purpose of implementing this chapter.  Theauthority shall be placed within the department of business, economicdevelopment, and tourism for administrative purposes.

(b)  Theauthority shall consist of thirteen voting members.  The director of finance,the director of business, economic development, and tourism, the comptroller,and the director of transportation, or their respective designatedrepresentatives shall serve as ex officio, voting members.  One member shall beappointed by the governor from a list of not less than three prospectiveappointees submitted by the president of the senate, and one member shall beappointed by the governor from a list of not less than three prospectiveappointees submitted by the speaker of the house of representatives.  Sevenmembers shall be appointed by the governor for staggered terms pursuant tosection 26-34; provided that four members shall be appointed at large and,initially, three members, hereinafter referred to as county members, shall beselected from a list of ten prospective appointees recommended by the localgoverning body of the county in which the initial designated district issituated; and provided further that when vacancies occur in any of the threepositions for which the members were selected from a list of countyrecommendations, the governor shall fill such vacancies on the basis of onefrom a list of four recommendations, two from a list of seven recommendations,or three from a list of ten recommendations.  The list of recommendations shallbe made by the local governing body of the county.  Of the nine members appointed either by thegovernor from the lists provided by the president of the senate and speaker ofthe house, at-large by the governor, or as county members recommended by thelocal governing body of the county in which the initial designated district issituated, at least two members shall represent small businesses and shall bedesignated as the small business representatives on the board whose purpose,among other things, is to vote on matters before the board that affect smallbusinesses.  The small business representatives shall be owners or activemanagers of a small business with its principal place of operation locatedwithin the physical boundaries of the initial designated district. Notwithstanding section 84-14(a), the small business representatives shall notbe prohibited from voting on any matter concerning any district under theboard's jurisdiction; provided that the matter is not limited to solelybenefiting the specific interest of that member and the matter concerns broaderinterests within the district.  Ifan additional district is designated by the legislature, the total membershipof the authority shall be increased as prescribed above by the appointment ofthree additional members, except as provided for in section 206E-191. Notwithstanding section 92-15, a majority of all members shall constitute aquorum to do business, and the concurrence of a majority of all members shallbe necessary to make any action of the authority valid; except that, on anymatter relating solely to a specific community development district, themembers representing districts other than that specific community developmentdistrict shall neither vote, nor shall they be counted to constitute a quorum,and concurrence shall be required of a majority of that portion of theauthority made up of all ex officio voting members, members at large, andcounty and district members representing the district for which action is beingproposed for such action to be valid.  All members shall continue in officeuntil their respective successors have been appointed and qualified.  Except asherein provided, no member appointed under this subsection shall be an officeror employee of the State or its political subdivisions.

For [purposes]of this section, "small business" means a business which isindependently owned and which is not dominant in its field of operation.

(c)  The authority shall appoint the executivedirector who shall be the chief executive officer.  The authority shall set thesalary of the executive director, who shall serve at the pleasure of theauthority and shall be exempt from chapter 76.

(d)  The authority shall annually elect thechairperson and vice chairperson from among its members.

(e)  The members of the authority appointedunder subsection (b) shall serve without compensation, but each shall bereimbursed for expenses, including travel expenses, incurred in the performanceof their duties. [L 1976, c 153, pt of §1; am L 1983, c 180, §1; am L 1987, c336, §7, c 339, §4, and c 355, §4; am L 1990, c 293, §8; am L 1993, c 311, §4;gen ch 1993; am L 2000, c 253, §150; am L 2002, c 184, §3; am L 2006, c 252, §1;am L 2008, c 132, §2]