Report Title:
Procurement Code; Exemptions; Public Agencies
Description:
Exempts the high technology development corporation and the natural energy laboratory of Hawaii authority from the state procurement code. (SD1)
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THE SENATE |
S.B. NO. |
332 |
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TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO Technology.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in the fast paced world of the twenty-first century, the ability to capitalize on ideas in a timely manner is essential to not only economic success, but economic survival as well. The legislature also finds that the purpose of both the high technology development corporation and the natural energy laboratory of Hawaii authority is to promote and nurture the growth of the State's economy through the support of its existing and fledgling high technology industries.
The legislature believes that, in order to compete in the global marketplace, the functionings of the high technology development corporation and the natural energy laboratory of Hawaii authority need to be agile and responsive so that these agencies may be able to attract as many desirable economic and technological growth opportunities to the State as possible.
To this end, the legislature further finds that, due to the cumbersome and time-consuming requirements of the State's procurement code, codified as chapter 103D, Hawaii Revised Statutes, the ability of these agencies to fully exercise their ability to attract, negotiate, and make financial commitments with potential contributors to the State's economy is hindered.
As such, the legislature finds it necessary to provide the high technology development corporation and the natural energy laboratory of Hawaii authority with the procurement flexibility requisite to achieving their mandated purposes.
The purpose of this Act is to provide the high technology development corporation and the natural energy laboratory of Hawaii authority with an exemption from chapter 103D, Hawaii Revised Statutes.
SECTION 2. Section 206M-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The corporation shall be exempt from [chapter] chapters 102[.] and 103D."
SECTION 3. Section 206M-42, Hawaii Revised Statutes, is amended to read as follows:
"§206M-42 Powers. In addition to any other powers granted to the development corporation by law, the development corporation may:
(1) With the approval of the governor, and without public bidding, enter into a special facility lease or an amendment or supplement thereto whereby the development corporation agrees to acquire, construct, improve, install, equip, and develop a special facility solely for the use by another party to a special facility lease;
(2) With the approval of the governor, issue special facility revenue bonds in principal amounts that may be necessary to yield the amount of the cost of any acquisition, construction, improvement, installation, equipping, and development of any special facility, including, subject to paragraph (6), the costs of acquisition of the site thereof; provided that the total principal amount of the special facility revenue bonds which may be issued pursuant to the authorization of this section shall not exceed $100,000,000;
(3) With the approval of the governor, issue refunding special facility revenue bonds with which to provide for the payment of outstanding special facility revenue bonds (including any special facility revenue bonds theretofore issued for this refunding purpose) or any part thereof; provided any issuance of refunding special facility revenue bonds shall not reduce the principal amount of the bonds that may be issued as provided in paragraph (2);
(4) Perform and carry out the terms and provisions of any special facility lease;
(5) Notwithstanding section 103-7 or any other law to the contrary, acquire, construct, improve, install, equip or develop any special facility, or accept the assignment of any contract therefor entered into by the other party to the special facility lease;
(6) Construct any special facility on land owned by the State; provided that no funds derived herein shall be expended for land acquisition; and
(7) Agree with the other party to the special facility lease whereby any acquisition, construction, improvement, installation, equipping, or development of the special facility and the expenditure of moneys therefor shall be undertaken or supervised by another person. Neither the undertaking by the other person nor the acceptance by the development corporation of a contract theretofore entered into by the other person shall be subject to chapter 103D."
SECTION 4. Section 227D-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The authority shall not be subject to any requirement of law for competitive bidding, including the requirements of [chapter] chapters 103 and 103D for project agreements, construction contracts, retail concession or tour-related contracts, or other contracts unless a project agreement with respect to a project or research and technology park shall require otherwise."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.