HB1814.DOC

SECTION 1. The purpose of this Act is to appropriate moneys to accelerate the commencement of capital improvements construction. The legislature finds that this Act is necessary to promote economic recovery and job creation. The legislature further finds that the appropriations made by this Act are reasonable for the short term and reflective of an immediate higher priority need of the State.

SECTION 2. The director of finance is authorized to issue general obligation bonds in the sum of $2,000,000 or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2012-2013 for the planning and design of future construction projects and to expedite the planning and implementation of construction projects.

The appropriation made for the capital improvement projects authorized by this section shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all moneys from the appropriation unencumbered as of June 30, 2014, shall lapse as of that date.

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

SECTION 3. The director of finance is authorized to issue general obligation bonds in the sum of $2,000,000 or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2012-2013 for the planning and design of future construction projects and to expedite the planning and implementation of construction projects.

The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 4. There is appropriated out of the special funds of the University of Hawaii the sum of $1,500,000 or so much thereof as may be necessary for fiscal year 2012-2013 for the planning and design of future construction projects and to expedite the planning and implementation of construction projects.

The sum appropriated shall be expended by the University of Hawaii for the purposes of this Act.

SECTION 5. There is appropriated out of the highway special fund the sum of $2,000,000 or so much thereof as may be necessary for fiscal year 2012-2013 for the planning and design of future construction projects and to expedite the planning and implementation of construction projects.

The sum appropriated shall be expended by the highways division of the department of transportation for the purposes of this Act.

SECTION 6. There is appropriated out of the airport revenue fund the sum of $2,000,000 or so much thereof as may be necessary for fiscal year 2012-2013 for the planning and design of future construction projects and to expedite the planning and implementation of construction projects.

The sum appropriated shall be expended by the airports division of the department of transportation for the purposes of this Act.

SECTION 7. There is appropriated out of the harbor special fund the sum of $2,000,000 or so much thereof as may be necessary for fiscal year 2012-2013 for the planning and design of future construction projects and to expedite the planning and implementation of construction projects.

The sum appropriated shall be expended by the harbors division of the department of transportation for the purposes of this Act.

SECTION 8. Section 103-8.5, Hawaii Revised Statutes, is amended to read as follows:

"§103-8.5 Works of art special fund. (a) There is created a works of art special fund, into which shall be transferred two-tenths of one per cent of all state fund appropriations for capital improvements designated for the construction cost element; provided that this transfer shall apply only to capital improvement appropriations that are designated for the construction or renovation of state buildings. The two-tenths of one per cent transfer requirement shall not apply to appropriations from the passenger facility charge special fund established by section 261-5.5 and the rental motor vehicle customer facility charge special fund established under section 261-5.6.

(b) The works of art special fund shall be used solely for the following purposes:

(1) Costs related to the acquisition of works of art, including any consultant or staff services required to carry out the art in public places and relocatable works of art programs;

(2) Site modifications, display, and interpretive work necessary for the exhibition of works of art;

(3) Upkeep services, including maintenance, repair, and restoration of works of art;

(4) Storing and transporting works of art.

(c) The two-tenths of one per cent amount, which is included in all capital improvement appropriations, shall be calculated at the time the appropriation bills are signed into law. The moneys shall be transferred into the works of art special fund upon availability of moneys from the appropriations. Each agency receiving capital improvement appropriations shall calculate the two-tenths of one per cent amount and transfer the moneys into the works of art special fund.

(d) The comptroller and the state foundation on culture and the arts shall decide on the specific art objects to acquire, giving first consideration to placing appropriate pieces of art at the locations of the original appropriation.

The selection of, commissioning artists for, reviewing of design, execution, and placement of, and the acceptance of works of art shall be the responsibility of the comptroller and the state foundation on culture and the arts in consultation with the affected agency or department.

Expenditures from the works of art special fund shall be made by the comptroller.

(e) The comptroller shall:

(1) Provide each agency receiving capital improvement appropriations with information regarding items that shall be included and excluded from the two-tenths of one per cent amount;

(2) Ensure that each agency calculates its two-tenths of one per cent amount correctly; and

(3) Ensure that each agency transfers the correct amount to the works of art special fund in a timely manner.

(f) The comptroller and the executive director shall track amounts due from each agency under the two-tenths of one per cent requirement as provided in this section."

SECTION 9. Each department to which an appropriation is made pursuant to this Act shall report to the legislature each project for which plans and designs were procured using the appropriated moneys no later than sixty days following the contract award for the project.

SECTION 10. Section 8 of this Act shall not apply to any contract executed prior to July 1, 2012.

SECTION 11. New statutory material is underscored.

SECTION 12. This Act shall take effect on July 1, 2012; provided that section 8 of this Act shall be repealed on June 30, 2015, and section 103-8.5, Hawaii Revised Statutes, shall be reenacted in the form in which it read on June 30, 2012.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1814
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII