SB85 SD1.DOC

SECTION 1. Chapter 356D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§356D‑ Resident programs and services trust fund. (a) The authority may establish a charitable trust, recognized as tax-exempt under section 501(c)(3) of the Internal Revenue Code to be known as the "resident programs and services trust fund" and appoint one or more trustees thereof, which may include members of the board. The authority, as settlor of the trust, may deposit into this trust fund any moneys received from any public or private contracts; any private or public grants, awards, devises, bequests, or gifts; any appropriation, grant, allocation, or other source from any political subdivision of local, state, or federal government; any other fees, revenues, or funds received or managed by the authority, including by transfer; or any proceeds or revenues generated by any activities permitted under this chapter, where permitted by applicable law and accounting principles.

(b) Notwithstanding any other law to the contrary, the trust fund established by the authority pursuant to subsection (a) may be used to receive, disburse, and account for funds of public housing resident and housing choice voucher recipient programs and services furnished by or on behalf of the authority, other state agencies, and any political subdivision of local, state, or federal government.

(c) For the purposes of this section, the moneys in this fund, without the prior written approval of the governor, shall be available for resident programs and services, which may include but not be limited to:

(1) Programs and services to improve family self-sufficiency;

(2) Supportive services for disabled or elderly public housing tenants or housing choice voucher recipients;

(3) Employment training and opportunities;

(4) Financial literacy programs and training;

(5) Educational attainment or advancement, including scholarships to public or private educational institutions;

(6) Life skills programs and activities, including housekeeping, cooking, and gardening on authority lands; or

(7) Any other education- or health-related programs and services as deemed appropriate by the authority.

(d) The moneys in this fund may be supplemented by other funds available for or appropriated by the legislature or any political subdivision of local, state, or federal government for the same purposes. Moneys deposited in the trust fund and any accounts thereunder or any other trust fund or account shall be held by the fund, as trustee, in a depository as described in section 38-1 or according to a similar arrangement at the discretion of the authority.

(e) Notwithstanding any other law to the contrary, including but not limited to section 36-21, the proceeds in the fund may be used for long-term and other special financings of the authority and for necessary expenses, including administrative or other associated costs incurred in managing this section. The authority may use proceeds in the fund for capital improvements supporting resident programs and services, including the construction and maintenance of training facilities, equipment, technology, and services; community facilities and spaces for service providers; the construction and maintenance of gardens; or any other reasonable need supporting public housing resident programs and services.

(f) The resident programs and services trust fund and any accounts thereunder and any other trust fund or account necessary to carry out the purposes of this section shall be managed by the authority outside the state treasury pursuant to section 356D-14. The authority may disburse funds from this trust fund to a corporation organized pursuant to section 356D‑10. The authority may also disburse funds from this trust fund to providers of services without regard to chapters 103 and 103D. The establishment of the trust described in subsection (a), including but not limited to the specification by the authority, as its settlor, of any specific criteria or other eligibility requirements for disbursements, shall not be deemed to be "rules" or "rulemaking" subject to chapter 91 or otherwise be subject to chapter 91. Neither the trust established by the authority pursuant to subsection (a), nor any trustee thereof, shall be a department, office, agency, board, commission, bureau, instrumentality, committee, authority, or office of the State or any of its political subdivisions, or otherwise deemed a public or quasi-public entity, nor shall the initial funding of, or a transfer to, the trust constitute a state grant or subsidy. The trust, including any disbursement of funds therefrom to providers of services, shall not be subject to laws or rules governing state and other public or quasi-public entities, including but not limited to chapters 23, 36, 37, 38, 40, 42F, 76, 78, 84, 89, 91, 92, 92F, 103, and 103D.

(g) This section shall be liberally construed so as not to hinder or impede the authority in its participation in applicable programs including but not limited to the establishment of the trust and its operation. It is the purpose and intent of this section to authorize and empower the authority to manage and use the trust fund to do any and all things necessary to provide services that will improve the lives, earning capacity, education, health, and well-being of low-income residents of public housing and housing choice voucher recipients. Should any inconsistency arise between any other law and this section, this section shall control."

SECTION 2. Section 356D-28, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) All moneys received and collected by the authority, not otherwise pledged, obligated, or required by law to be placed in any other special fund, shall be deposited into the public housing revolving fund[.] or the resident programs and services trust fund established pursuant to section 356D‑ ."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	85
TWENTY-SEVENTH LEGISLATURE, 2013		S.D. 1
STATE OF HAWAII