Hawaii 2022 Regular Session

Hawaii House Bill HB360 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 360 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO STATUTORY REVISION: AMENDING OR REPEALING VARIOUS PROVISIONS OF THE HAWAII REVISED STATUTES OR THE SESSION LAWS OF HAWAII FOR THE PURPOSES OF CORRECTING ERRORS AND REFERENCES, CLARIFYING LANGUAGE, OR DELETING OBSOLETE OR UNNECESSARY PROVISIONS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 360
4	4	THIRTY-FIRST LEGISLATURE, 2021
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9	9	H.B. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO STATUTORY REVISION: AMENDING OR REPEALING VARIOUS PROVISIONS OF THE HAWAII REVISED STATUTES OR THE SESSION LAWS OF HAWAII FOR THE PURPOSES OF CORRECTING ERRORS AND REFERENCES, CLARIFYING LANGUAGE, OR DELETING OBSOLETE OR UNNECESSARY PROVISIONS.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 266-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) The director of transportation may adopt rules as necessary [to]: (1) [Regulate] To regulate the manner in which all vessels may enter and moor, anchor, or dock in the commercial harbors, ports, and roadsteads of the State, or move from one dock, wharf, pier, quay, bulkhead, landing, anchorage, or mooring to another within the commercial harbors, ports, or roadsteads; (2) [The] For the examination, guidance, and control of harbor masters and their assistants and their conduct while on duty; (3) [The] For the embarking or disembarking of passengers; (4) [The] For the expeditious and careful handling of freight, goods, wares, and merchandise of every kind [which] that may be delivered for shipment or discharged on the commercial docks, wharves, piers, quays, bulkheads, or landings belonging to or controlled by the State; and (5) [Defining] To define the duties and powers of carriers, shippers, and consignees respecting passengers, freight, goods, wares, and merchandise in and upon the docks, wharves, piers, quays, bulkheads, or landings within the commercial harbors, ports, and roadsteads of the State. The director may also make further rules for the safety of the docks, wharves, piers, quays, bulkheads, and landings on, in, near, or affecting a commercial harbor and waterfront improvements belonging to or controlled by the State." SECTION 2. Section 266-19, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) At any time, the director of transportation may transfer, from the harbor special fund created by [paragraph] subsection (a) [of this section], all or any portion of available moneys on deposit in the harbor special fund that is determined by the director of transportation to be in excess of one hundred fifty per cent of the requirements for the ensuing twelve months for the harbor special fund, as permitted by and in accordance with section 37-53. For purposes of [such] this determination, the director of transportation shall take into consideration the amount of federal funds and bond funds on deposit in, and budgeted to be expended from, the harbor special fund during [such period,] the ensuing twelve months; amounts on deposit in the harbor special fund [which] that are encumbered or otherwise obligated[,]; budgeted amounts payable from the harbor special fund during [such period, and] the ensuing twelve months; revenues anticipated to be received by and expenditures to be made from the harbor special fund during [such period] the ensuing twelve months based on existing agreements and other information for [the ensuing twelve months,] that period; and [such] any other factors as the director of transportation shall deem appropriate." SECTION 3. Section 268-9, Hawaii Revised Statutes, is amended to read as follows: "§268-9 Seamen may sue for injuries; venue. The State consents to suits against the department of transportation by seamen for injuries occurring upon vessels under the authority of the Hawaii state ferries system in accordance with [section 688, Title] title 46[, of the] United States Code[.] section 30104. The venue of the actions may be in the first circuit court or the circuit wherein the injury occurred." SECTION 4. Section 291E-19, Hawaii Revised Statutes, is amended to read as follows: "[[]§291E-19[]] Authorization to establish intoxicant control roadblock programs. The police departments of the respective counties may establish and implement intoxicant control roadblock programs in accordance with the minimum standards and guidelines provided in section 291E-20. The chief of police in any county establishing an intoxicant control roadblock program pursuant to this section shall specify the procedures to be followed in carrying out the program in rules adopted under chapter 91; provided that the procedures shall be in conformity with and not more intrusive than the standards and guidelines described in section 291E-20. In the case of internal police standards that do not fall within the definition of "rule" under section [91-1(4),] 91-1, failure to comply scrupulously with [such] the internal police procedures shall not invalidate a roadblock that otherwise meets the minimum statutory criteria provided in section 291E-20." SECTION 5. Section 302A-1165, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) The department shall share the information gathered pursuant to this section with the department of human services, executive office on early learning, and state public charter school commission to the extent not otherwise prohibited by administrative rule or law." SECTION 6. Section 302A-1166, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) The department shall share the information gathered pursuant to this section with the department of human services, executive office on early learning, and state public charter school commission to the extent not otherwise prohibited by administrative rule or law." SECTION 7. Section 328G-2, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows: "(j) The department may remove any person from the registry for failure to comply with any law or regulation under this chapter. It is the responsibility of the hemp processor to make sure it is registered and legally allowed to process hemp and in compliance with any and all laws and regulations. The removal of a hemp processor from the registry shall be in accordance with the procedures set forth in section [328H-F.] 328G-6." SECTION 8. Section 346-186, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) To the extent not prohibited by administrative rule or law, the department, department of education, state public charter school commission, and executive office on early learning shall share any information gathered pursuant to sections 302A-1165, 302A-1166, 302D‑37, and 302D-38 with each other, along with any other information the department, department of education, or state public charter school commission may collect on all children in the State who are three to four years old and children who will not be at least five years of age on or before July 31 of the current school year." SECTION 9. Section 436M-8, Hawaii Revised Statutes, is amended to read as follows: "[[]§436M-8[]] Activation. No alarm system shall be activated intentionally except[:] to: (1) [to report] Report an unauthorized intrusion or the commission of an unlawful act; [or] (2) [to test] Test an installed system with the prior knowledge and consent of the police; or (3) [to permit] Permit an alarm business to demonstrate a system to a prospective buyer or user." SECTION 10. Section 437-1.1, Hawaii Revised Statutes, is amended by amending the definition of "new motor vehicle" to read as follows: ""New motor vehicle" means a motor vehicle [which] that: (1) [has] Has not previously been sold to any person except a distributor, wholesaler, or dealer for resale, except where the vehicle has not left the dealer's possession after the sale to a consumer[,]; (2) [has] Has not previously been registered or titled in the name of a consumer except where the vehicle has not left the dealer's possession after the sale to a consumer[,]; and (3) [has] Has not been driven more than five hundred miles; provided that where a sale, registration, entitlement, or transfer of title of a motor vehicle, or the accrual of mileage thereon, is primarily for the purpose of evading this provision, the motor vehicle shall be deemed a new motor vehicle for the purposes of this chapter." SECTION 11. Section 437B-12, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows: "(e) Each: (1) Mobile air conditioner serviced without using refrigerant recovery and recycling equipment; (2) Motor vehicle or mobile air conditioner serviced after January 1, 1994, without successful completion of an appropriate training course dealing with the recovery and recycling of CFC and HCFC refrigerants; and (3) Violation of chapter 342C[;], constitutes a separate offense for which fines may be imposed under subsection (b)." SECTION 12. Section 440G-3, Hawaii Revised Statutes, is amended by amending the definitions of "cable operator", "cable service", "cable system", and "public, educational, or governmental access facilities" to read as follows: ""Cable operator" means any person or group of persons who: (1) [who provides] Provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in the cable system; or (2) [who otherwise] Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system. "Cable service" means: (1) [the] The one-way transmission to subscribers of video programming or other programming service; and (2) [subscriber] Subscriber interaction, if any, [which] that is required for the selection of video programming or other programming service. "Cable system" means any facility within this State consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service [which] that includes video programming and [which] is provided to multiple subscribers within a community, but does not include: (1) [a] A facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) [a] A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless that facility or facilities uses any public right-of-way; or (3) [a] A facility of a public utility subject in whole or in part to the provisions of chapter 269, except to the extent that those facilities provide video programming directly to subscribers. "Public, educational, or governmental access facilities" means: (1) [channel] Channel capacity designated for public, educational, or governmental uses; and (2) [facilities] Facilities and equipment for the use of that channel capacity." SECTION 13. Section 443B-3.5, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (b) to read: "(b) To be designated as an exempt out-of-state collection agency, a collection agency shall: (1) Not have any employees or agents located in the State who engage in the collection of debts for another person; (2) Not have any business location or office in the State that engages in collection agency activities; (3) Hold a current, unrestricted, and unconditional license, permit, or registration as a collection agency in the reciprocal state identified in its application; (4) Limit its collection activity in the State to the collection of debts from residents of the State on behalf of out-of-state clients through interstate communication by telephone, mail, facsimile, or electronic mail; and (5) Not collect debts on behalf of creditors who have a business presence in the State. [For purposes of this section, a creditor has a "business presence" in the State if either the creditor or an affiliate or subsidiary of the creditor has an office in the State.]" 2. By amending subsection (n) to read: "(n) For purposes of this section[, a "reciprocal state" is one]: "Business presence in the State" means the creditor or an affiliate or subsidiary of the creditor has an office in the State. "Reciprocal state" means a state: (1) Whose requirements to be licensed, permitted, or registered as a collection agency in that state are at a minimum substantially equivalent to the requirements to be registered as a collection agency in this State, including but not limited to the bonding requirements in section 443B-5; and (2) That does not require a Hawaii collection agency to obtain a license, permit, or registration to collect debts in that state if the activities of the Hawaii collection agency are limited to collecting debts on behalf of an out-of-state creditor using interstate communication methods, including telephone, facsimile, mail, or electronic mail, and the Hawaii collection agency does not solicit or engage in collection activities for clients in that state." SECTION 14. Section 444-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""Person injured" or "injured person" is limited to owners or lessees of private residences, including condominium or cooperative units, who have contracted with a duly licensed contractor for the construction of improvements or alterations to the owners' or lessees' own private residences and owners or lessees of real property who have contracted with a duly licensed contractor for the construction of the owners' or lessees' own private residences on the owners' or lessees' real property." SECTION 15. Section 444-16, Hawaii Revised Statutes, is amended to read as follows: "§444-16 Action on applications. Within one hundred and twenty days after the filing of a proper application for a license and the payment of the required fees, the board shall: (1) [conduct] Conduct an investigation of the applicant, and in that investigation may post pertinent information, including [but not limited to,] the name and address of the applicant[,] and [if the applicant is associated in any partnership, corporation, or other entity,] the names, addresses, and official capacities of [the applicant's associates;] any partnership, corporation, or other entity that the applicant is associated with; and (2) [either] Either issue a license to the applicant or notify the applicant in writing by registered mail of the board's decision not to grant the license and specifically notify the applicant of the applicant's right to submit a request for a contested case hearing pursuant to chapter 91 within sixty days of the board's decision. The hearing shall be conducted in accordance with chapter 91." SECTION 16. Section 444-26, Hawaii Revised Statutes, is amended to read as follows: "§444-26 Contractors recovery fund; use of fund; person injured; fees. (a) The board is authorized to establish and maintain a contractors recovery fund from which any person injured by an act, representation, transaction, or conduct of a duly licensed contractor[, which] that is in violation of this chapter or the rules adopted pursuant thereto[,] may recover, by order of the circuit court or district court of the judicial circuit where the violation occurred, an amount of not more than $12,500 per contract, regardless of the number of persons injured under the contract, for damages sustained [by] from the act, representation, transaction, or conduct. Recovery from the fund shall be limited to the actual damages suffered by the claimant, including court costs and fees as set by law[,] and reasonable attorney fees as determined by the court; provided that recovery from the fund shall not be awarded to persons injured by an act, representation, transaction, or conduct of a contractor whose license was suspended, revoked, forfeited, terminated, or in an inactive status at the time the claimant entered into the contract with the contractor. [(b) For purposes of this chapter, "person injured" or "injured person" means and is limited to owners or lessees of private residences, including condominium or cooperative units, who have contracted with a duly licensed contractor for the construction of improvements or alterations to the owners' or lessees' own private residences and owners or lessees of real property who have contracted with a duly licensed contractor for the construction of the owners' or lessees' own private residences on the owners' or lessees' real property. (c)] (b) When any person applies for a contractors license, the person shall pay, in addition to the person's original license fee, a fee of $150 for deposit in the contractors recovery fund[,] and a fee for deposit in the contractors education fund as provided in rules adopted by the director pursuant to chapter 91. [In the event that] If the board does not issue the license, these fees shall be returned to the applicant." SECTION 17. Section 456-17, Hawaii Revised Statutes, is amended to read as follows: "§456-17 Fees. Subject to section 456-18, every notary public is entitled to demand and receive the following fees: (1) For noting the protest of mercantile paper, $5; (2) For each notice and certified copy of protest, $5; (3) For noting any other protest, $5; (4) For every notice thereof[,] and certified copy of protest, $5; (5) For every deposition[,] or official certificate, $5; (6) For the administration of oath, including the certificate of the oath, $5; for affixing the certificate of the oath to every duplicate original instrument beyond four, $2.50; (7) For taking any acknowledgment, $5 for each party signing; for affixing to every duplicate original beyond one of any instrument acknowledged before the notary public, the notary public's certificate of the acknowledgment, $2.50 for each person making the acknowledgment; and (8) For any of the foregoing notarial acts performed for a remotely located individual under section 456-23, other than affixing a notary public's certificate to a duplicate original, $25." SECTION 18. Section 458-13, Hawaii Revised Statutes, is amended to read as follows: "§458-13 Acts prohibited. It shall be unlawful to do any of the following: (1) To engage in the occupation of dispensing optician without first having been issued a dispensing optician license under this chapter; (2) To advertise in any manner that would tend to mislead or deceive the public; (3) To dispense, furnish, or supply the services and appliances to the intended wearer or user thereof, except upon a prescription issued by a licensed physician[,] or optometrist; provided that duplications, replacements, reproductions, and repetitions[,] without change in the refractive value may be done without prescription by individuals holding a license of dispensing optician issued under this chapter; (4) To fit or duplicate, or offer, undertake, or attempt to fit or duplicate, hard and soft contact lenses or artificial eyes except under the written orders and personal supervision of an ophthalmologist or optometrist [or fail to provide notice as required by section 458-12.5]; (5) For a dispensing optician to grant, allow, credit, or pay, directly or indirectly, openly or secretly, any price differential, rebate, refund, discount, commission, credit, kickback, or other allowance, whether in the form of money or otherwise, to any oculist, optometrist, physician, or practitioner of any other profession for or on account of: (A) [for or on account of the] The referring or sending by any oculist, optometrist, physician, or practitioner to the dispensing optician of any person for the rendition of any of the services performed or articles or appliances furnished by a dispensing optician as described in section 458-1[,]; or (B) [for or on account of the] The rendition of any services or the furnishing of any articles or appliances to a person so referred or sent by any oculist, optometrist, physician, or practitioner. Every scheme, agreement, undertaking, arrangement, or device shall also be deemed in violation of section 481-7. The license of every dispensing optician who violates this paragraph shall be revoked; or (6) For a dispensing optician to permit any unlicensed person to take facial measurements[,] or to fit or adjust lenses or frames or duplicate frames unless the unlicensed person is acting under the direct personal supervision of a licensed dispensing optician. "Direct personal supervision" means the licensed optician is present on the premises of the optical dispensing establishment and is available for consultation by the unlicensed person." SECTION 19. Section 459-1.5, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""Ophthalmic lens" means any spectacle lens that has a spherical, cylindrical, or prismatic power or value and is ground pursuant to a prescription." SECTION 20. Section 459-2, Hawaii Revised Statutes, is amended to read as follows: "§459-2 Optometry; unauthorized practice, unlawful. It shall be unlawful for any person to practice optometry or to append the letters "O.D." or any other optometric degree to a person's name with the intent thereby to imply that the individual is a practitioner of optometry, without first securing and holding an unrevoked and unsuspended license under and as provided in this chapter. This chapter shall not [apply]: (1) Apply to, or prohibit, a duly licensed physician from practicing optometry as defined in this chapter [defined, nor shall it prohibit]; (2) Prohibit a duly licensed physician or optometrist from filling prescriptions or orders[, nor shall it prohibit]; (3) Prohibit the replacement, duplication, or repair of ophthalmic lenses, contact lenses, or frames, or fittings thereof, by persons qualified to write or fill prescriptions or orders under this chapter[, nor shall it prohibit]; (4) Prohibit or prevent any dispensing optician licensed under chapter 458 from performing the activities authorized by the license[, nor shall it apply]; or (5) Apply to optometric service corporations formed for the primary purpose of contracting with individuals, groups of individuals, and corporations for defraying or assuming the cost of services of optometrists and of contracting on behalf of optometrists to furnish services as provided in chapter 424. [An "ophthalmic lens" within the meaning of this chapter means any spectacle lens which has a spherical, cylindrical, or prismatic power or value, and is ground pursuant to a prescription.]" SECTION 21. Section 467-30, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) As used in this section[,]: ["condominium] "Condominium hotel" includes those units in a project as defined in section 514B-3 and subject to chapter 514B[, which] that are used to provide transient lodging for periods of less than thirty days. "Operating a condominium hotel" includes the: (1) Management of the apartments or units in a condominium project for purposes of providing transient lodging; and (2) Renting or leasing of condominium apartments or units directly or indirectly from the apartment or unit owners for purposes of providing transient lodging." 2. By amending subsection (e) to read: "(e) [As used in this section, "operating a condominium hotel" includes the management of the apartments or units in a condominium project for purposes of providing transient lodging, and includes the renting or leasing of condominium apartments or units directly or indirectly from the apartment or unit owners for purposes of providing transient lodging.] The condominium hotel operator shall provide [a written contract] to the owner or owners of each apartment or unit under the condominium hotel operation[,] a written contract expressing the exact agreements of each party, including all financial and accounting obligations, and the notification requirements of subsection (g)." SECTION 22. Section 652-2, Hawaii Revised Statutes, is amended to read as follows: "§652-2 Garnishee, rights, duties; collection by levying officer. The garnishee [shall], when summoned before judgment rendered against [his] the garnishee's principal, if [he] the garnishee desires, shall be admitted to defend [his] the garnishee's principal in the action. If judgment is rendered in favor of the plaintiff, and likewise in all cases in which the garnishee is summoned after judgment, the garnishee fund, or [such] any part thereof as may be sufficient for that purpose, shall be liable to pay the same. The plaintiff on praying out execution shall be entitled to have included in the execution an order directing the officer serving the same to make demand of the garnishee for the goods and effects of the defendant secured in [his] the garnishee's hands, whose duty it will be to expose the same to be taken on execution, and also to make demand of the garnishee for the debt or wages secured in [his] the garnishee's hands or the moneys held by [him] the garnishee for safekeeping, or [such] any part thereof as may satisfy the judgment. It shall be the duty of the garnishee to pay the same. If the garnishee has in any manner disposed of the goods and effects or does not expose and subject the same to be taken on execution, or if the garnishee does not pay to the officer, when demanded, the debt [or], wages, or moneys held for safekeeping, the garnishee shall be liable to satisfy the judgment out of [his] the garnishee's own estate, as [his] the garnishee's own proper debt, if the goods [or], effects [or], debt [or], wages, or moneys held for safekeeping[,] be of sufficient value or amount and, if not, then to the value of the same; provided that every garnishee, whether summoned before or after judgment, shall be allowed to retain or deduct from the goods, effects, and credits of the defendant in [his] the garnishee's hands at the time of service all demands against the defendant of which [he] the garnishee could have availed [himself] the garnishee's self if [he] the garnishee had not been [garnisheed,] garnished, whether the same are at the time due or not, and whether by setoff on a trial or by setoff of judgments or executions between [himself] the garnishee and the defendant, and shall be liable only for the balance after adjustment of all mutual demands between [himself] the garnishee and the defendant; provided that in [such] the adjustment no demands for unliquidated damages for wrongs or injuries shall be included[,]; and provided further that the judgment shall show the amount of any setoff. No garnishee shall be liable to anyone for the nonpayment of any sum or for the nondelivery of any goods or effects when the garnishee in good faith believes, or has reason to believe, that garnishment or other process affects the same, though such be not the case, but this paragraph shall not supersede section 652-9 where the same are applicable." SECTION 23. Section 36-35, Hawaii Revised Statutes, is repealed. ["§36-35 State educational facilities repair and maintenance account. (a) There is created in the state general fund under EDN 400 (school support) the state educational facilities repair and maintenance account, into which shall be deposited legislative appropriations to the account designated for use solely to eliminate the backlog of school repair and maintenance projects, including the repair or replacement of fixtures, furnishings, and equipment, existing on June 30, 2000. Expenditures from the account shall be subject to sections 37-31 and 37-33 to 37-40. Based on the prioritization approved by the department of education, appropriations or authorizations from the account shall be expended by the superintendent of education. (b) The department of education shall review the existing condition of school facilities and establish specific vision plans for each school complex based on current repair and maintenance requirements and overall repair and maintenance priorities. (c) Criteria used to establish current repair and maintenance requirements may include: (1) The remaining useful life of the school facility and its major components; (2) The adjusted life of the school facility and its major components after repair or maintenance; and (3) The current and future repair and maintenance requirements of the school facility and its components based on established industry standards or product manufacturer recommendations; provided that demolition of a facility or any of its components may be recommended if the cost of the repairs do not justify the adjusted life or remaining life of the facility. (d) Criteria used to establish overall repair and maintenance requirements may include: (1) Whether a school facility will continue to be used for the next twenty-five years; and (2) Whether a repair or maintenance project is required: (A) For health or safety reasons; (B) To comply with legal mandates; (C) To comply with current building codes; or (D) For preventive maintenance reasons; provided that in developing criteria, consideration shall be given to school facilities that were more than twenty-five years of age on July 1, 2000. (e) The expenditure of funds for any project with an estimated total cost of less than $100,000 shall be exempt from section 464-4; provided that: (1) The superintendent of education shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices; (2) Insofar as is practical, and based on specifications developed, adequate and reasonable competition of no fewer than three proposals shall be solicited for each project, based on rules adopted by the superintendent of education; (3) Considering all factors, including quality, warranty, and delivery, the award shall be made to the vendor with the most advantageous proposal; (4) The procurement requirements shall not be artificially divided or parceled so as to avoid competitive bidding or competitive proposals; and (5) Formal design for projects shall be done when there is a clear need to preserve structural integrity, health and safety, or to clearly communicate construction requirements. For all projects, the superintendent of education shall develop a strategy for the efficient and cost-effective use of government and private-sector workforces and consider increased flexibility through public-private partnering, design-build options, cost plus, job order contracts, performance-based contracts, request for proposals, and any other means to improve communications and accelerate repairs while preserving the quality of the repairs. (f) The superintendent of education shall ensure that all repair and maintenance projects achieve maximum cost-efficiency by emphasizing functional or performance criteria, uniformity of design, and commonality of products, and by avoiding unique or custom requirements that increase costs. The superintendent of education shall develop project specifications based on generic specifications or prescriptive specifications using standard commercial products. Prescriptive specifications may include a qualified product list. For the purposes of this subsection: "Generic specification" means a technical specification that is written in a clear, unambiguous, and nonrestrictive manner establishing: (1) Design, performance, or functional requirements to identify the work to be performed; and (2) Material standards to be used on a project. "Prescriptive specification" means a technical specification: (1) Establishing that the required work to be performed is written in a clear, unambiguous, and nonrestrictive manner; and (2) Listing manufacturers or products that are acceptable for use on the project. "Standard commercial product" means a product or material that in the normal course of business is customarily maintained in stock by, or readily available for marketing from a manufacturer, distributor, or dealer. This subsection shall not apply to any school facility designated a historic property pursuant to section 6E-5.5. (g) The superintendent of education shall submit an annual report to the legislature, which shall include a financial statement of the account and the status of repair and maintenance projects undertaken pursuant to this section, no later than twenty days prior to the convening of each regular session. Expenditures for repair and maintenance projects undertaken pursuant to this section shall be posted electronically on the Internet by the department of education within thirty days of each project's completion. (h) This section shall be repealed on July 1, 2020."] SECTION 24. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 25. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 266-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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51	51	"(a) The director of transportation may adopt rules as necessary [to]:
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53	53	(1) [Regulate] To regulate the manner in which all vessels may enter and moor, anchor, or dock in the commercial harbors, ports, and roadsteads of the State, or move from one dock, wharf, pier, quay, bulkhead, landing, anchorage, or mooring to another within the commercial harbors, ports, or roadsteads;
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55	55	(2) [The] For the examination, guidance, and control of harbor masters and their assistants and their conduct while on duty;
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57	57	(3) [The] For the embarking or disembarking of passengers;
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59	59	(4) [The] For the expeditious and careful handling of freight, goods, wares, and merchandise of every kind [which] that may be delivered for shipment or discharged on the commercial docks, wharves, piers, quays, bulkheads, or landings belonging to or controlled by the State; and
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61	61	(5) [Defining] To define the duties and powers of carriers, shippers, and consignees respecting passengers, freight, goods, wares, and merchandise in and upon the docks, wharves, piers, quays, bulkheads, or landings within the commercial harbors, ports, and roadsteads of the State. The director may also make further rules for the safety of the docks, wharves, piers, quays, bulkheads, and landings on, in, near, or affecting a commercial harbor and waterfront improvements belonging to or controlled by the State."
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63	63	SECTION 2. Section 266-19, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
64	64
65	65	"(b) At any time, the director of transportation may transfer, from the harbor special fund created by [paragraph] subsection (a) [of this section], all or any portion of available moneys on deposit in the harbor special fund that is determined by the director of transportation to be in excess of one hundred fifty per cent of the requirements for the ensuing twelve months for the harbor special fund, as permitted by and in accordance with section 37-53. For purposes of [such] this determination, the director of transportation shall take into consideration the amount of federal funds and bond funds on deposit in, and budgeted to be expended from, the harbor special fund during [such period,] the ensuing twelve months; amounts on deposit in the harbor special fund [which] that are encumbered or otherwise obligated[,]; budgeted amounts payable from the harbor special fund during [such period, and] the ensuing twelve months; revenues anticipated to be received by and expenditures to be made from the harbor special fund during [such period] the ensuing twelve months based on existing agreements and other information for [the ensuing twelve months,] that period; and [such] any other factors as the director of transportation shall deem appropriate."
66	66
67	67	SECTION 3. Section 268-9, Hawaii Revised Statutes, is amended to read as follows:
68	68
69	69	"§268-9 Seamen may sue for injuries; venue. The State consents to suits against the department of transportation by seamen for injuries occurring upon vessels under the authority of the Hawaii state ferries system in accordance with [section 688, Title] title 46[, of the] United States Code[.] section 30104. The venue of the actions may be in the first circuit court or the circuit wherein the injury occurred."
70	70
71	71	SECTION 4. Section 291E-19, Hawaii Revised Statutes, is amended to read as follows:
72	72
73	73	"[[]§291E-19[]] Authorization to establish intoxicant control roadblock programs. The police departments of the respective counties may establish and implement intoxicant control roadblock programs in accordance with the minimum standards and guidelines provided in section 291E-20. The chief of police in any county establishing an intoxicant control roadblock program pursuant to this section shall specify the procedures to be followed in carrying out the program in rules adopted under chapter 91; provided that the procedures shall be in conformity with and not more intrusive than the standards and guidelines described in section 291E-20. In the case of internal police standards that do not fall within the definition of "rule" under section [91-1(4),] 91-1, failure to comply scrupulously with [such] the internal police procedures shall not invalidate a roadblock that otherwise meets the minimum statutory criteria provided in section 291E-20."
74	74
75	75	SECTION 5. Section 302A-1165, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
76	76
77	77	"(c) The department shall share the information gathered pursuant to this section with the department of human services, executive office on early learning, and state public charter school commission to the extent not otherwise prohibited by administrative rule or law."
78	78
79	79	SECTION 6. Section 302A-1166, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
80	80
81	81	"(c) The department shall share the information gathered pursuant to this section with the department of human services, executive office on early learning, and state public charter school commission to the extent not otherwise prohibited by administrative rule or law."
82	82
83	83	SECTION 7. Section 328G-2, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows:
84	84
85	85	"(j) The department may remove any person from the registry for failure to comply with any law or regulation under this chapter. It is the responsibility of the hemp processor to make sure it is registered and legally allowed to process hemp and in compliance with any and all laws and regulations. The removal of a hemp processor from the registry shall be in accordance with the procedures set forth in section [328H-F.] 328G-6."
86	86
87	87	SECTION 8. Section 346-186, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
88	88
89	89	"(b) To the extent not prohibited by administrative rule or law, the department, department of education, state public charter school commission, and executive office on early learning shall share any information gathered pursuant to sections 302A-1165, 302A-1166, 302D‑37, and 302D-38 with each other, along with any other information the department, department of education, or state public charter school commission may collect on all children in the State who are three to four years old and children who will not be at least five years of age on or before July 31 of the current school year."
90	90
91	91	SECTION 9. Section 436M-8, Hawaii Revised Statutes, is amended to read as follows:
92	92
93	93	"[[]§436M-8[]] Activation. No alarm system shall be activated intentionally except[:] to:
94	94
95	95	(1) [to report] Report an unauthorized intrusion or the commission of an unlawful act; [or]
96	96
97	97	(2) [to test] Test an installed system with the prior knowledge and consent of the police; or
98	98
99	99	(3) [to permit] Permit an alarm business to demonstrate a system to a prospective buyer or user."
100	100
101	101	SECTION 10. Section 437-1.1, Hawaii Revised Statutes, is amended by amending the definition of "new motor vehicle" to read as follows:
102	102
103	103	""New motor vehicle" means a motor vehicle [which] that:
104	104
105	105	(1) [has] Has not previously been sold to any person except a distributor, wholesaler, or dealer for resale, except where the vehicle has not left the dealer's possession after the sale to a consumer[,];
106	106
107	107	(2) [has] Has not previously been registered or titled in the name of a consumer except where the vehicle has not left the dealer's possession after the sale to a consumer[,]; and
108	108
109	109	(3) [has] Has not been driven more than five hundred miles;
110	110
111	111	provided that where a sale, registration, entitlement, or transfer of title of a motor vehicle, or the accrual of mileage thereon, is primarily for the purpose of evading this provision, the motor vehicle shall be deemed a new motor vehicle for the purposes of this chapter."
112	112
113	113	SECTION 11. Section 437B-12, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
114	114
115	115	"(e) Each:
116	116
117	117	(1) Mobile air conditioner serviced without using refrigerant recovery and recycling equipment;
118	118
119	119	(2) Motor vehicle or mobile air conditioner serviced after January 1, 1994, without successful completion of an appropriate training course dealing with the recovery and recycling of CFC and HCFC refrigerants; and
120	120
121	121	(3) Violation of chapter 342C[;],
122	122
123	123	constitutes a separate offense for which fines may be imposed under subsection (b)."
124	124
125	125	SECTION 12. Section 440G-3, Hawaii Revised Statutes, is amended by amending the definitions of "cable operator", "cable service", "cable system", and "public, educational, or governmental access facilities" to read as follows:
126	126
127	127	""Cable operator" means any person or group of persons who:
128	128
129	129	(1) [who provides] Provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in the cable system; or
130	130
131	131	(2) [who otherwise] Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.
132	132
133	133	"Cable service" means:
134	134
135	135	(1) [the] The one-way transmission to subscribers of video programming or other programming service; and
136	136
137	137	(2) [subscriber] Subscriber interaction, if any, [which] that is required for the selection of video programming or other programming service.
138	138
139	139	"Cable system" means any facility within this State consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service [which] that includes video programming and [which] is provided to multiple subscribers within a community, but does not include:
140	140
141	141	(1) [a] A facility that serves only to retransmit the television signals of one or more television broadcast stations;
142	142
143	143	(2) [a] A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless that facility or facilities uses any public right-of-way; or
144	144
145	145	(3) [a] A facility of a public utility subject in whole or in part to the provisions of chapter 269, except to the extent that those facilities provide video programming directly to subscribers.
146	146
147	147	"Public, educational, or governmental access facilities" means:
148	148
149	149	(1) [channel] Channel capacity designated for public, educational, or governmental uses; and
150	150
151	151	(2) [facilities] Facilities and equipment for the use of that channel capacity."
152	152
153	153	SECTION 13. Section 443B-3.5, Hawaii Revised Statutes, is amended as follows:
154	154
155	155	1. By amending subsection (b) to read:
156	156
157	157	"(b) To be designated as an exempt out-of-state collection agency, a collection agency shall:
158	158
159	159	(1) Not have any employees or agents located in the State who engage in the collection of debts for another person;
160	160
161	161	(2) Not have any business location or office in the State that engages in collection agency activities;
162	162
163	163	(3) Hold a current, unrestricted, and unconditional license, permit, or registration as a collection agency in the reciprocal state identified in its application;
164	164
165	165	(4) Limit its collection activity in the State to the collection of debts from residents of the State on behalf of out-of-state clients through interstate communication by telephone, mail, facsimile, or electronic mail; and
166	166
167	167	(5) Not collect debts on behalf of creditors who have a business presence in the State.
168	168
169	169	[For purposes of this section, a creditor has a "business presence" in the State if either the creditor or an affiliate or subsidiary of the creditor has an office in the State.]"
170	170
171	171	2. By amending subsection (n) to read:
172	172
173	173	"(n) For purposes of this section[, a "reciprocal state" is one]:
174	174
175	175	"Business presence in the State" means the creditor or an affiliate or subsidiary of the creditor has an office in the State.
176	176
177	177	"Reciprocal state" means a state:
178	178
179	179	(1) Whose requirements to be licensed, permitted, or registered as a collection agency in that state are at a minimum substantially equivalent to the requirements to be registered as a collection agency in this State, including but not limited to the bonding requirements in section 443B-5; and
180	180
181	181	(2) That does not require a Hawaii collection agency to obtain a license, permit, or registration to collect debts in that state if the activities of the Hawaii collection agency are limited to collecting debts on behalf of an out-of-state creditor using interstate communication methods, including telephone, facsimile, mail, or electronic mail, and the Hawaii collection agency does not solicit or engage in collection activities for clients in that state."
182	182
183	183	SECTION 14. Section 444-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
184	184
185	185	""Person injured" or "injured person" is limited to owners or lessees of private residences, including condominium or cooperative units, who have contracted with a duly licensed contractor for the construction of improvements or alterations to the owners' or lessees' own private residences and owners or lessees of real property who have contracted with a duly licensed contractor for the construction of the owners' or lessees' own private residences on the owners' or lessees' real property."
186	186
187	187	SECTION 15. Section 444-16, Hawaii Revised Statutes, is amended to read as follows:
188	188
189	189	"§444-16 Action on applications. Within one hundred and twenty days after the filing of a proper application for a license and the payment of the required fees, the board shall:
190	190
191	191	(1) [conduct] Conduct an investigation of the applicant, and in that investigation may post pertinent information, including [but not limited to,] the name and address of the applicant[,] and [if the applicant is associated in any partnership, corporation, or other entity,] the names, addresses, and official capacities of [the applicant's associates;] any partnership, corporation, or other entity that the applicant is associated with; and
192	192
193	193	(2) [either] Either issue a license to the applicant or notify the applicant in writing by registered mail of the board's decision not to grant the license and specifically notify the applicant of the applicant's right to submit a request for a contested case hearing pursuant to chapter 91 within sixty days of the board's decision. The hearing shall be conducted in accordance with chapter 91."
194	194
195	195	SECTION 16. Section 444-26, Hawaii Revised Statutes, is amended to read as follows:
196	196
197	197	"§444-26 Contractors recovery fund; use of fund; person injured; fees. (a) The board is authorized to establish and maintain a contractors recovery fund from which any person injured by an act, representation, transaction, or conduct of a duly licensed contractor[, which] that is in violation of this chapter or the rules adopted pursuant thereto[,] may recover, by order of the circuit court or district court of the judicial circuit where the violation occurred, an amount of not more than $12,500 per contract, regardless of the number of persons injured under the contract, for damages sustained [by] from the act, representation, transaction, or conduct. Recovery from the fund shall be limited to the actual damages suffered by the claimant, including court costs and fees as set by law[,] and reasonable attorney fees as determined by the court; provided that recovery from the fund shall not be awarded to persons injured by an act, representation, transaction, or conduct of a contractor whose license was suspended, revoked, forfeited, terminated, or in an inactive status at the time the claimant entered into the contract with the contractor.
198	198
199	199	[(b) For purposes of this chapter, "person injured" or "injured person" means and is limited to owners or lessees of private residences, including condominium or cooperative units, who have contracted with a duly licensed contractor for the construction of improvements or alterations to the owners' or lessees' own private residences and owners or lessees of real property who have contracted with a duly licensed contractor for the construction of the owners' or lessees' own private residences on the owners' or lessees' real property.
200	200
201	201	(c)] (b) When any person applies for a contractors license, the person shall pay, in addition to the person's original license fee, a fee of $150 for deposit in the contractors recovery fund[,] and a fee for deposit in the contractors education fund as provided in rules adopted by the director pursuant to chapter 91. [In the event that] If the board does not issue the license, these fees shall be returned to the applicant."
202	202
203	203	SECTION 17. Section 456-17, Hawaii Revised Statutes, is amended to read as follows:
204	204
205	205	"§456-17 Fees. Subject to section 456-18, every notary public is entitled to demand and receive the following fees:
206	206
207	207	(1) For noting the protest of mercantile paper, $5;
208	208
209	209	(2) For each notice and certified copy of protest, $5;
210	210
211	211	(3) For noting any other protest, $5;
212	212
213	213	(4) For every notice thereof[,] and certified copy of protest, $5;
214	214
215	215	(5) For every deposition[,] or official certificate, $5;
216	216
217	217	(6) For the administration of oath, including the certificate of the oath, $5; for affixing the certificate of the oath to every duplicate original instrument beyond four, $2.50;
218	218
219	219	(7) For taking any acknowledgment, $5 for each party signing; for affixing to every duplicate original beyond one of any instrument acknowledged before the notary public, the notary public's certificate of the acknowledgment, $2.50 for each person making the acknowledgment; and
220	220
221	221	(8) For any of the foregoing notarial acts performed for a remotely located individual under section 456-23, other than affixing a notary public's certificate to a duplicate original, $25."
222	222
223	223	SECTION 18. Section 458-13, Hawaii Revised Statutes, is amended to read as follows:
224	224
225	225	"§458-13 Acts prohibited. It shall be unlawful to do any of the following:
226	226
227	227	(1) To engage in the occupation of dispensing optician without first having been issued a dispensing optician license under this chapter;
228	228
229	229	(2) To advertise in any manner that would tend to mislead or deceive the public;
230	230
231	231	(3) To dispense, furnish, or supply the services and appliances to the intended wearer or user thereof, except upon a prescription issued by a licensed physician[,] or optometrist; provided that duplications, replacements, reproductions, and repetitions[,] without change in the refractive value may be done without prescription by individuals holding a license of dispensing optician issued under this chapter;
232	232
233	233	(4) To fit or duplicate, or offer, undertake, or attempt to fit or duplicate, hard and soft contact lenses or artificial eyes except under the written orders and personal supervision of an ophthalmologist or optometrist [or fail to provide notice as required by section 458-12.5];
234	234
235	235	(5) For a dispensing optician to grant, allow, credit, or pay, directly or indirectly, openly or secretly, any price differential, rebate, refund, discount, commission, credit, kickback, or other allowance, whether in the form of money or otherwise, to any oculist, optometrist, physician, or practitioner of any other profession for or on account of:
236	236
237	237	(A) [for or on account of the] The referring or sending by any oculist, optometrist, physician, or practitioner to the dispensing optician of any person for the rendition of any of the services performed or articles or appliances furnished by a dispensing optician as described in section 458-1[,]; or
238	238
239	239	(B) [for or on account of the] The rendition of any services or the furnishing of any articles or appliances to a person so referred or sent by any oculist, optometrist, physician, or practitioner.
240	240
241	241	Every scheme, agreement, undertaking, arrangement, or device shall also be deemed in violation of section 481-7. The license of every dispensing optician who violates this paragraph shall be revoked; or
242	242
243	243	(6) For a dispensing optician to permit any unlicensed person to take facial measurements[,] or to fit or adjust lenses or frames or duplicate frames unless the unlicensed person is acting under the direct personal supervision of a licensed dispensing optician. "Direct personal supervision" means the licensed optician is present on the premises of the optical dispensing establishment and is available for consultation by the unlicensed person."
244	244
245	245	SECTION 19. Section 459-1.5, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
246	246
247	247	""Ophthalmic lens" means any spectacle lens that has a spherical, cylindrical, or prismatic power or value and is ground pursuant to a prescription."
248	248
249	249	SECTION 20. Section 459-2, Hawaii Revised Statutes, is amended to read as follows:
250	250
251	251	"§459-2 Optometry; unauthorized practice, unlawful. It shall be unlawful for any person to practice optometry or to append the letters "O.D." or any other optometric degree to a person's name with the intent thereby to imply that the individual is a practitioner of optometry, without first securing and holding an unrevoked and unsuspended license under and as provided in this chapter. This chapter shall not [apply]:
252	252
253	253	(1) Apply to, or prohibit, a duly licensed physician from practicing optometry as defined in this chapter [defined, nor shall it prohibit];
254	254
255	255	(2) Prohibit a duly licensed physician or optometrist from filling prescriptions or orders[, nor shall it prohibit];
256	256
257	257	(3) Prohibit the replacement, duplication, or repair of ophthalmic lenses, contact lenses, or frames, or fittings thereof, by persons qualified to write or fill prescriptions or orders under this chapter[, nor shall it prohibit];
258	258
259	259	(4) Prohibit or prevent any dispensing optician licensed under chapter 458 from performing the activities authorized by the license[, nor shall it apply]; or
260	260
261	261	(5) Apply to optometric service corporations formed for the primary purpose of contracting with individuals, groups of individuals, and corporations for defraying or assuming the cost of services of optometrists and of contracting on behalf of optometrists to furnish services as provided in chapter 424.
262	262
263	263	[An "ophthalmic lens" within the meaning of this chapter means any spectacle lens which has a spherical, cylindrical, or prismatic power or value, and is ground pursuant to a prescription.]"
264	264
265	265	SECTION 21. Section 467-30, Hawaii Revised Statutes, is amended as follows:
266	266
267	267	1. By amending subsection (a) to read:
268	268
269	269	"(a) As used in this section[,]:
270	270
271	271	["condominium] "Condominium hotel" includes those units in a project as defined in section 514B-3 and subject to chapter 514B[, which] that are used to provide transient lodging for periods of less than thirty days.
272	272
273	273	"Operating a condominium hotel" includes the:
274	274
275	275	(1) Management of the apartments or units in a condominium project for purposes of providing transient lodging; and
276	276
277	277	(2) Renting or leasing of condominium apartments or units directly or indirectly from the apartment or unit owners for purposes of providing transient lodging."
278	278
279	279	2. By amending subsection (e) to read:
280	280
281	281	"(e) [As used in this section, "operating a condominium hotel" includes the management of the apartments or units in a condominium project for purposes of providing transient lodging, and includes the renting or leasing of condominium apartments or units directly or indirectly from the apartment or unit owners for purposes of providing transient lodging.] The condominium hotel operator shall provide [a written contract] to the owner or owners of each apartment or unit under the condominium hotel operation[,] a written contract expressing the exact agreements of each party, including all financial and accounting obligations, and the notification requirements of subsection (g)."
282	282
283	283	SECTION 22. Section 652-2, Hawaii Revised Statutes, is amended to read as follows:
284	284
285	285	"§652-2 Garnishee, rights, duties; collection by levying officer. The garnishee [shall], when summoned before judgment rendered against [his] the garnishee's principal, if [he] the garnishee desires, shall be admitted to defend [his] the garnishee's principal in the action.
286	286
287	287	If judgment is rendered in favor of the plaintiff, and likewise in all cases in which the garnishee is summoned after judgment, the garnishee fund, or [such] any part thereof as may be sufficient for that purpose, shall be liable to pay the same. The plaintiff on praying out execution shall be entitled to have included in the execution an order directing the officer serving the same to make demand of the garnishee for the goods and effects of the defendant secured in [his] the garnishee's hands, whose duty it will be to expose the same to be taken on execution, and also to make demand of the garnishee for the debt or wages secured in [his] the garnishee's hands or the moneys held by [him] the garnishee for safekeeping, or [such] any part thereof as may satisfy the judgment. It shall be the duty of the garnishee to pay the same. If the garnishee has in any manner disposed of the goods and effects or does not expose and subject the same to be taken on execution, or if the garnishee does not pay to the officer, when demanded, the debt [or], wages, or moneys held for safekeeping, the garnishee shall be liable to satisfy the judgment out of [his] the garnishee's own estate, as [his] the garnishee's own proper debt, if the goods [or], effects [or], debt [or], wages, or moneys held for safekeeping[,] be of sufficient value or amount and, if not, then to the value of the same; provided that every garnishee, whether summoned before or after judgment, shall be allowed to retain or deduct from the goods, effects, and credits of the defendant in [his] the garnishee's hands at the time of service all demands against the defendant of which [he] the garnishee could have availed [himself] the garnishee's self if [he] the garnishee had not been [garnisheed,] garnished, whether the same are at the time due or not, and whether by setoff on a trial or by setoff of judgments or executions between [himself] the garnishee and the defendant, and shall be liable only for the balance after adjustment of all mutual demands between [himself] the garnishee and the defendant; provided that in [such] the adjustment no demands for unliquidated damages for wrongs or injuries shall be included[,]; and provided further that the judgment shall show the amount of any setoff.
288	288
289	289	No garnishee shall be liable to anyone for the nonpayment of any sum or for the nondelivery of any goods or effects when the garnishee in good faith believes, or has reason to believe, that garnishment or other process affects the same, though such be not the case, but this paragraph shall not supersede section 652-9 where the same are applicable."
290	290
291	291	SECTION 23. Section 36-35, Hawaii Revised Statutes, is repealed.
292	292
293	293	["§36-35 State educational facilities repair and maintenance account. (a) There is created in the state general fund under EDN 400 (school support) the state educational facilities repair and maintenance account, into which shall be deposited legislative appropriations to the account designated for use solely to eliminate the backlog of school repair and maintenance projects, including the repair or replacement of fixtures, furnishings, and equipment, existing on June 30, 2000. Expenditures from the account shall be subject to sections 37-31 and 37-33 to 37-40. Based on the prioritization approved by the department of education, appropriations or authorizations from the account shall be expended by the superintendent of education.
294	294
295	295	(b) The department of education shall review the existing condition of school facilities and establish specific vision plans for each school complex based on current repair and maintenance requirements and overall repair and maintenance priorities.
296	296
297	297	(c) Criteria used to establish current repair and maintenance requirements may include:
298	298
299	299	(1) The remaining useful life of the school facility and its major components;
300	300
301	301	(2) The adjusted life of the school facility and its major components after repair or maintenance; and
302	302
303	303	(3) The current and future repair and maintenance requirements of the school facility and its components based on established industry standards or product manufacturer recommendations;
304	304
305	305	provided that demolition of a facility or any of its components may be recommended if the cost of the repairs do not justify the adjusted life or remaining life of the facility.
306	306
307	307	(d) Criteria used to establish overall repair and maintenance requirements may include:
308	308
309	309	(1) Whether a school facility will continue to be used for the next twenty-five years; and
310	310
311	311	(2) Whether a repair or maintenance project is required:
312	312
313	313	(A) For health or safety reasons;
314	314
315	315	(B) To comply with legal mandates;
316	316
317	317	(C) To comply with current building codes; or
318	318
319	319	(D) For preventive maintenance reasons;
320	320
321	321	provided that in developing criteria, consideration shall be given to school facilities that were more than twenty-five years of age on July 1, 2000.
322	322
323	323	(e) The expenditure of funds for any project with an estimated total cost of less than $100,000 shall be exempt from section 464-4; provided that:
324	324
325	325	(1) The superintendent of education shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices;
326	326
327	327	(2) Insofar as is practical, and based on specifications developed, adequate and reasonable competition of no fewer than three proposals shall be solicited for each project, based on rules adopted by the superintendent of education;
328	328
329	329	(3) Considering all factors, including quality, warranty, and delivery, the award shall be made to the vendor with the most advantageous proposal;
330	330
331	331	(4) The procurement requirements shall not be artificially divided or parceled so as to avoid competitive bidding or competitive proposals; and
332	332
333	333	(5) Formal design for projects shall be done when there is a clear need to preserve structural integrity, health and safety, or to clearly communicate construction requirements.
334	334
335	335	For all projects, the superintendent of education shall develop a strategy for the efficient and cost-effective use of government and private-sector workforces and consider increased flexibility through public-private partnering, design-build options, cost plus, job order contracts, performance-based contracts, request for proposals, and any other means to improve communications and accelerate repairs while preserving the quality of the repairs.
336	336
337	337	(f) The superintendent of education shall ensure that all repair and maintenance projects achieve maximum cost-efficiency by emphasizing functional or performance criteria, uniformity of design, and commonality of products, and by avoiding unique or custom requirements that increase costs. The superintendent of education shall develop project specifications based on generic specifications or prescriptive specifications using standard commercial products. Prescriptive specifications may include a qualified product list.
338	338
339	339	For the purposes of this subsection:
340	340
341	341	"Generic specification" means a technical specification that is written in a clear, unambiguous, and nonrestrictive manner establishing:
342	342
343	343	(1) Design, performance, or functional requirements to identify the work to be performed; and
344	344
345	345	(2) Material standards to be used on a project.
346	346
347	347	"Prescriptive specification" means a technical specification:
348	348
349	349	(1) Establishing that the required work to be performed is written in a clear, unambiguous, and nonrestrictive manner; and
350	350
351	351	(2) Listing manufacturers or products that are acceptable for use on the project.
352	352
353	353	"Standard commercial product" means a product or material that in the normal course of business is customarily maintained in stock by, or readily available for marketing from a manufacturer, distributor, or dealer.
354	354
355	355	This subsection shall not apply to any school facility designated a historic property pursuant to section 6E-5.5.
356	356
357	357	(g) The superintendent of education shall submit an annual report to the legislature, which shall include a financial statement of the account and the status of repair and maintenance projects undertaken pursuant to this section, no later than twenty days prior to the convening of each regular session. Expenditures for repair and maintenance projects undertaken pursuant to this section shall be posted electronically on the Internet by the department of education within thirty days of each project's completion.
358	358
359	359	(h) This section shall be repealed on July 1, 2020."]
360	360
361	361	SECTION 24. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
362	362
363	363	SECTION 25. This Act shall take effect upon its approval.
364	364
365	365
366	366
367	367	INTRODUCED BY: _____________________________
368	368
369	369	INTRODUCED BY:
370	370
371	371	_____________________________
372	372
373	373
374	374
375	375
376	376
377	377	Report Title: Revision Bill Description: Amends or repeals various provisions of the Hawaii Revised Statutes or the Session Laws of Hawaii for the purposes of correcting errors and references, clarifying language, or deleting obsolete or unnecessary provisions. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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383	383	Report Title:
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385	385	Revision Bill
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389	389	Description:
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391	391	Amends or repeals various provisions of the Hawaii Revised Statutes or the Session Laws of Hawaii for the purposes of correcting errors and references, clarifying language, or deleting obsolete or unnecessary provisions.
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399	399	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.