Establishes the Hawaii school repair and maintenance fund as a separate fund of Hawaii 3R's, a nonprofit corporation, for coordination of private and federal efforts to repair and maintain public schools. Establishes a tax credit. (SB493 HD2)

A BILL FOR AN ACT

SECTION 1. The legislature finds that the backlog of repair and maintenance projects for public schools across the state is now estimated at more than $640,000,000. This accumulation of projects has occurred because of tight budgets over the last decade, when an average of only $22,000,000 a year was appropriated for the upkeep of elementary, middle, and high school campuses, even though they required an estimated $66,000,000 in maintenance each year.

The legislature further finds that no public school in the State is ever given sufficient funds to cover all of its repair and maintenance needs, so the deterioration and degradation of each campus compounds with each passing school year. The general practice has been to repair only the most critical, health-threatening conditions or to tackle the least-involved projects in order to keep facilities operating.

The governor has proposed that the sum of $50,000,000 be included in the capital improvement projects budget for the repair and maintenance of our schools. While clearly a substantial sum that is much needed, it pales in comparison to the total deferred maintenance requirements of the system.

As a consequence, if those moneys are handled in the manner that is typical of the system, they will be governed by the priority matrix and handled in a way that dissipates them throughout the whole of the system and leaves no single place readied and prepared to provide the physical environment in which powerful learning can occur. Its impact will be marginalized and no school will receive the critical infusion necessary to adequately address all its repair and maintenance needs. No school will receive anything more than crisis management treatment. There will be no visible or obvious impact in any locale, and no campus will be restored to the status of an intact and healthy learning environment.

The legislature finds that education is universally recognized as the key to Hawaii’s future in a global, high-tech economy. However, except for the State's most modern campuses, such as at Kapolei, Kapaa, or Keeau, the legislature finds that schools statewide will never support the kind of teaching our children deserve if facilities continue to be rundown, unhealthy, and even dangerous.

The legislature finds that one of the components of school repair and maintenance is the development of a "sweat-equity" program, spearheaded by America’s Promise Hawaii, that consists of professional and community work hours, materials, and design contributions, local business donations, military participation, and other in-kind endowments, that would be the basis for restoration projects within geographical regions defined by their kindergarten through grade twelve school districts. The intent of this program is to place parents and immediate communities on the front line for their respective schools.

The legislature finds that there is a need to develop a public-private partnership to mobilize the community by involving stakeholders in Hawaii's public educational system, including parents of students, alumni, teachers, business, and government, as well as the students themselves, to actually complete the repair and maintenance projects.

Accordingly, the purpose of this Act is to begin to work towards eliminating the $640,000,000 repair and maintenance backlog for Hawaii's public schools by:

Finally, the legislature finds that appropriating public funds to America's Promise Hawaii serves the public purpose of expediting the repair and maintenance of Hawaii's public schools.

SECTION 2. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§235- Credit for school repair and maintenance. (a) There shall be allowed to each taxpayer who is licensed under chapter 444 or 464 and subject to the tax imposed by this chapter, a credit for contributions of in-kind services provided by the taxpayer in Hawaii for the repair and maintenance of public schools. The credit shall be deductible from the taxpayer's net income tax liability, if any, imposed by this chapter for the taxable year in which the credit is properly claimed.

(b) The amount of the credit determined under this section for the taxable year shall be equal to ten per cent of the value of contributions of in-kind services for that taxable year up to a maximum of $40,000.

(c) The credit allowed under this section shall be claimed against net income tax liability for the taxable year. A tax credit under this section which exceeds the taxpayer's income tax liability may be used as a credit against the taxpayer's income tax liability in subsequent years until exhausted.

(d) All claims for tax credits under this section, including any amended claims, shall be filed on or before the end of the twelfth month following the close of the taxable year for which the credits may be claimed. Failure to comply with the foregoing provision shall constitute a waiver of the right to claim the credit.

(e) No deduction shall be allowed for that portion of the contributions paid or incurred for the taxable year that is equal to the amount of the credit determined under this section.

(f) The director of taxation shall prepare forms that may be necessary to claim a credit under this section. The director may also require the taxpayer to furnish reasonable information in order that the director may ascertain the validity of the claim for credit made under this section. The director of taxation may adopt any rules under chapter 91 and forms necessary to carry out this section.

(g) For purposes of this section, the term "public schools" has the same meaning as defined in section 302A-101."

SECTION 3. Hawaii school repair and maintenance fund. (a) There is established the Hawaii school repair and maintenance fund (hereinafter, "fund") as a separate fund of Hawaii 3R's, a project of America's Promise, a Hawaii nonprofit organization. Moneys received from the state, county, or federal government, private contributions of cash or other property, and the income and capital gains earned by the fund shall constitute its assets.

(b) Hawaii 3R's shall expend moneys in the form of either grants to organizations or contracts with private vendors from the fund for the repair and maintenance of public schools in Hawaii in accordance with this section.

(c) The fund may receive contributions, grants, endowments, or gifts in cash or otherwise from all sources, including corporations or other businesses, foundations, government, individuals, and other interested parties. The legislature intends that the public and private sectors work together as partners in securing contributions for the fund, and that Hawaii 3R's assist the public and private sectors in reviewing and investigating all potential funding sources. The State may donate moneys to the fund by legislative appropriation; provided that any appropriations made by the State are not intended to supplant the funding of any existing public school repair and maintenance programs, including school-level minor repairs and maintenance accounts established under section 302A-1504, Hawaii Revised Statutes.

(d) Hawaii 3R's shall appoint the members of the Hawaii school maintenance and repair advisory board, which shall be responsible for:

Members of the advisory board shall be stakeholders in Hawaii's public educational system, including students, parents, alumni, principals, community and business leaders, and representatives from the department of education and the department of accounting and general services, who shall be represented on the advisory board.

(e) The aggregate principal sum deposited in the fund, and any income and capital gains earned by the fund but not expended for administration, shall be invested in accordance with the provisions of Hawaii 3R's in a manner intended to maximize the rate of return on investment of the fund consistent with the objective of preserving the fund’s principal.

(f) There shall be an endowment component of the fund.

(g) The use of any state funds may be restricted by the legislation appropriating these funds to the fund.

(h) Any organization submitting a proposal to Hawaii 3R's for fund moneys shall meet all of the following standards at the time of application:

(i) All proposals submitted to Hawaii 3R's for fund moneys shall be approved by the department of accounting and general services for consistency in meeting design and materials standards for public schools.

(j) Organizations or agencies to which fund moneys are awarded shall agree to comply with the following conditions before receiving the award:

(k) Chapter 103D, Hawaii Revised Statutes, shall not apply to organizations or agencies that apply for grants or contracts under this Act; provided that America's Promise Hawaii shall be held accountable for the use of the funds under a contract with the department of accounting and general services that ensures compliance with chapter 42F, Hawaii Revised Statutes.

(l) Any contracts awarded by Hawaii 3R's shall be made under as much competition as is practical to execute the purposes of this Act.

(m) The fund shall be audited annually by an independent auditor. The results of each annual audit shall be submitted to the department of the attorney general not later than thirty days from the date Hawaii 3R's receives the audit results. In addition, Hawaii 3R's shall retain for a period of three years and permit the department of the attorney general, the department of accounting and general services, the department of education, state legislators, and the auditor, or their duly authorized representatives, to inspect and have access to any documents, papers, books, records, and other evidence that is pertinent to the fund.

(n) The fund shall not be placed in the state treasury, and the State shall not administer the fund, nor shall the State be liable for its operation or solvency.

SECTION 4. The state comptroller shall submit reports of the progress of the Hawaii school repair and maintenance fund no later than twenty days prior to the convening of the regular sessions of 2002, 2003, and 2004.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2001-2002 for deposit into the Hawaii school repair and maintenance fund as a grant-in-aid for America's Promise Hawaii to coordinate selected public school repair and maintenance projects.

The sum appropriated shall be expended by America's Promise Hawaii for the purposes of this Act.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2001-2002 for a position in the department of accounting and general services to coordinate public and private efforts to repair and maintain public schools.

The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 8. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.

SECTION 9. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 2001; provided that section 2 of this Act, upon its approval, shall apply to taxable years beginning after December 31, 2000.