CONFERENCE COMMITTEE REP. NO. 46
Honolulu, Hawaii
, 2005
RE: S.B. No. 1702
S.D. 1
H.D. 2
C.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1702, S.D. 1, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO HIGH TECHNOLOGY,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
Your Committee on Conference understands the purpose of this measure is to give the High Technology Development Corporation (HTDC) greater flexibility in responding to growth and development potential in Hawaii's rapidly expanding technology sector through the establishment of the not-for-profit High Technology Innovation Corporation (HTIC). HTIC will provide a number of benefits, including additional sources of much-needed revenue and the ability to respond quickly and efficiently to opportunities and changes in the State's increasingly diversified technology industries.
Your Committee on Conference has amended this measure by:
(1) Referencing the manner in which the initial term for board members appointed from the general public shall be decided;
(2) Clarifying that new employees of HTIC shall not be entitled to any benefits conferred under chapter 76, 77, 88, or 89, Hawaii Revised Statutes, and that any existing officer or employee of the State whose functions are transferred to HTIC shall not suffer any loss of benefits as a result of the transfer; and
(3) Removing the exemption from Chapter 103D, relating to public procurement.
Your Committee on Conference supports the commitment of the HTDC - and its Board of Directors - to become more self-sufficient through establishment of this 501(c)(3) corporation. However, your Committee on Conference also must balance this additional flexibility with the State's policies on the expenditure of any public monies. Your Committee on Conference has responded to this concern by deleting the proposed HTIC exemption from the procurement code, Chapter 103D, Hawaii Revised Statutes.
Although your Committee on Conference recognizes that this will affect the flexibility of HTIC, exemptions from the code are allowed under section 103D-102(b)(4)(L), Hawaii Revised Statutes. Your Committee on Conference understands that HTDC has pursued specific exemptions in the past, and that it is a lengthier process than a blanket exemption would provide. However, your Committee on Conference urges HTIC to pursue this option. If this proves to be a serious barrier to HTIC in meeting its duties, your Committee on Conference expects that HTIC would inform the Legislature prior to the convening of the 2006 session, so that additional options might be considered at that time.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1702, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1702, S.D. 1, H.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
ON THE PART OF THE SENATE |
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____________________________ ROBERT N. HERKES, Co-Chair |
____________________________ CAROL FUKUNAGA, Chair |
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____________________________ KIRK CALDWELL, Co-Chair |
____________________________ WILL ESPERO, Co-Chair |
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____________________________ BLAKE K. OSHIRO, Co-Chair |
____________________________ BRIAN T. TANIGUCHI, Co-Chair |
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____________________________ BOB NAKASONE, Co-Chair |