REPORT TITLE:
Pub Funds, Repair, Renovation


DESCRIPTION:
Prohibits the expenditure of public funds for repair and
renovation of a public building until a review process has been
carried out by the department with the assistance of the attorney
general.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2557
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE EXPENDITURE OF PUBLIC FUNDS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  State physical plant upkeep is a never-ending
 
 2 task.  Funds for repair and renovation are limited, and buildings
 
 3 must routinely wait for years until they are moved to the top of
 
 4 the list for appropriate treatment.  In some cases, the repair
 
 5 and renovations are not due to age and ordinary wear and tear,
 
 6 but others are the fault of poor planning, shoddy materials, and
 
 7 incompetent construction.  Recent examples of these are the
 
 8 University of Hawaii softball stadium, which was constructed so
 
 9 that a significant proportion of the seats could not see home
 
10 plate, and needed to be reconstructed to fix that and other
 
11 problems, and the Marine Biology Lab on Coconut Island, which was
 
12 standing vacant for a significant period of time because, among
 
13 other problems, the architect had gone against University of
 
14 Hawaii administrators' recommendations and put in place an air
 
15 conditioning system too expensive for the State to operate.
 
16      The State should not be financially responsible for the
 
17 mistakes of its contractors.  The State should make every
 
18 possible effort to require that these contractors, architects,
 
19 and others support the costs of repairs and renovations necessary
 

 
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 1 because of their actions.  The purpose of this Act is to require
 
 2 that the State diligently investigate repair and renovation
 
 3 questions prior to appropriating the funds to ensure that if the
 
 4 problems arise from outside error that the party contribute to
 
 5 the resolution of the problem.
 
 6      SECTION 2.  Chapter 103, Hawaii Revised Statutes, is amended
 
 7 by adding a new section to be appropriately designated and to
 
 8 read as follows:
 
 9      "§103-     Repair or renovation; prerequisite to
 
10 appropriation.  (a)  Prior to making a request for an
 
11 appropriation of public funds to repair or renovate public
 
12 property, the department responsible for the repair and
 
13 maintenance of the public property shall appoint an investigator
 
14 who shall investigate the reason for the proposed repair or
 
15 renovation.  The investigator shall determine whether the
 
16 responsibility for the need for the repair or renovation is
 
17 attributable to a party outside the state system, including a
 
18 contractor, subcontractor, general manager, architect, supplier,
 
19 or other outside party.  The investigator shall work with the
 
20 department of the attorney general to determine whether there is
 
21 any legal liability on the part of any outside party in regard to
 
22 the proposed repair or renovation.  If, in the opinion of the
 
23 attorney general, an outside party should bear some or all of the
 

 
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                                     S.B. NO.           2557
                                                        
                                                        

 
 1 costs of the proposed repair or renovation, the attorney general
 
 2 shall diligently pursue such a claim.
 
 3      (b)  A department seeking an appropriation of funds to
 
 4 repair or renovate public property shall deliver to the
 
 5 legislature, concurrently with its request for an appropriation,
 
 6 a statement of its compliance with subsection (a) and whether or
 
 7 not liability by an outside party has been alleged by the
 
 8 attorney general.  If liability by an outside party has been
 
 9 alleged by the attorney general, a status report of any demand
 
10 for payment or litigation shall also be included." 
 
11      SECTION 3.  New statutory material is underscored.
 
12      SECTION 4.  This Act shall take effect upon its approval.
 
13 
 
14                       INTRODUCED BY:  ___________________________