Report Title:
Public Contracts; Subcontracts; Public Disclosure; Hawaii Tourism Authority
Description:
Requires public access to, and disclosure of, all subcontracts and partnership agreements entered into by a contractor using public funds. Applies chapter 103D public access laws to Hawaii Tourism Authority, despite the fact that HTA is otherwise exempt from the state procurement laws.
THE SENATE |
S.B. NO. |
41 |
TWENTY-SECOND LEGISLATURE, 2003 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 103D-105, Hawaii Revised Statutes, is amended to read as follows:
"§103D-105 Public access to procurement information. Government records relating to procurement, including all subcontracts and partnership agreements entered into by a contractor using public funds, shall be available to the public as provided in chapter 92F. Part I of chapter 92 shall not apply to discussions, deliberations, or decisions required to be conducted or made confidentially under this chapter."
SECTION 2. Section 201B-12, Hawaii Revised Statutes, is amended to read as follows:
"[[]§201B-12[]] Exemption of authority from taxation and Hawaii public procurement code. (a) All revenues and receipts derived by the authority from any project or a project agreement or other agreement pertaining thereto shall be exempt from all state taxation. Any right, title, and interest of the authority in any project shall also be exempt from all state taxation. Except as otherwise provided by law, the interest of a qualified person or other user of a project or a project agreement or other agreements related to a project shall not be exempt from taxation to a greater extent than it would be if the costs of the project were directly financed by the qualified person or user.
(b) The authority shall not be subject to chapter 103D and any and all other requirements of law for competitive bidding for project agreements, construction contracts, lease and sublease agreements, or other contracts unless a project agreement with respect to a project otherwise shall require[.]; provided that the authority shall be subject to section 103D-105."
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 Statutory material to be repealed is bracketed and stricken.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.
INTRODUCED BY: |
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