Hawaii 2024 Regular Session

Hawaii Senate Bill SB832 Compare Versions

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

Old	New	Differences
1	1	THE SENATE S.B. NO. 832 THIRTY-SECOND LEGISLATURE, 2023 S.D. 2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO EDUCATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 832
4	4	THIRTY-SECOND LEGISLATURE, 2023 S.D. 2
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	832
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2023
14	14
15	15	S.D. 2
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO EDUCATION.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding three new sections to part VI, subpart C, to be appropriately designated and to read as follows: "§302A- Acquisition of real property from a county. Notwithstanding the provision of any law or charter to the contrary, any county, by resolution of its local governing body, without public auction, sealed bids, or public notice, may sell, lease for a term not exceeding sixty-five years, grant, or convey to the authority any real property owned by the county that the authority certifies to be necessary for the authority's purposes. The sale, lease, grant, or conveyance shall be made with or without consideration and upon terms and conditions as may be agreed upon by the county and the authority. Certification shall be evidenced by a formal request from the authority. Before the sale, lease, grant, or conveyance may be made to the authority, a public hearing shall be held by the local governing body to consider the sale, lease, grant, or conveyance. Notice of the hearing shall be published at least ten days before the date set for the hearing in a publication and in a manner as may be designated by the local governing body. §302A- Exemption from taxation. The authority shall not be required to pay assessments levied by any county, nor shall the authority be required to pay state taxes of any kind. §302A- Assistance by state and county agencies. Any state or county agency may render services upon request of the authority." SECTION 2. Section 302A-1703, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) Except as otherwise limited by this chapter, the authority shall be responsible for [all] public school development, planning, and construction related to capital improvement projects assigned by the legislature, governor, or board of education." 2. By amending subsection (c) to read: "(c) Except as otherwise limited by this chapter, the authority may also: (1) Have a seal and alter the same at its pleasure; (2) Subject to subsection (b), make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this subpart; (3) Make and alter bylaws for its organization and internal management; (4) Adopt rules pursuant to chapter 91 with respect to its projects, operations, properties, and facilities, including qualifications for persons and entities wishing to enter into a public-private partnership with the authority, as permitted in paragraph [(7);] (8); (5) Acquire or contract to acquire by grant or purchase real, personal, or mixed property or any interest therein; to clear, improve, and rehabilitate and to sell, assign, exchange, transfer, convey, lease, subdivide, or otherwise dispose of or encumber the same; (6) Acquire property by condemnation pursuant to chapter 101; (7) Adopt rules pursuant to chapter 91 that shall supersede all other inconsistent ordinances and rules relating to the zoning of land and construction thereon for the purposes of implementing this subpart; provided that the rules adopted pursuant to this paragraph shall follow existing laws, rules, ordinances, and regulations as closely as is consistent with standards meeting minimum requirements of good design, pleasant amenities, health, safety, and coordinated development; [(7)] (8) Enter into partnerships with qualified persons, including public-private partnerships, as defined in the authority's rules, to acquire, construct, reconstruct, rehabilitate, improve, alter, or provide for the construction, reconstruction, improvement, or alteration of any project; and sell, assign, transfer, convey, exchange, lease, or otherwise dispose of or encumber any project; and in the case of the sale of any project, accept a purchase money mortgage in connection therewith; [(8)] (9) Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on terms and conditions as it deems advisable; [(9)] (10) Prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, or alteration of any project, and from time to time to modify the plans, specifications, designs, or estimates; [(10)] (11) Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable; [(11)] (12) Apply for and accept gifts or grants in any form from any public agency or from any other source, including gifts or grants from private individuals and private entities; [(12)] (13) Borrow money or procure loan guarantees from the federal government for or in aid of any project the authority is authorized to undertake pursuant to this chapter. Additionally, in connection with borrowing or procurement of loan guarantees, the authority: (A) Shall comply with conditions required by the federal government pursuant to applicable regulation or required in any contract for federal assistance; (B) Shall repay indebtedness incurred pursuant to this section, including any interest thereon; (C) May execute loan and security agreements and related contracts with the federal government; (D) May issue bonds pledging revenues, assessments, or other taxes as security for indebtedness incurred pursuant to this section; and (E) May enter into financing agreements as that term is defined in section 37D-1; [(13)] (14) Appoint or retain by contract one or more attorneys who are independent of the attorney general to provide legal services solely in cases of negotiations in which the attorney general lacks the sufficient expertise; provided that the independent attorney shall consult and work in conjunction with the designated deputy attorney general; (15) Engage in commercial enterprise activities for the purpose of revenue generation; (16) Contract to manage the leasing and property management of housing projects; [(14)] (17) Use the department of human resources development to recruit, hire, and retain exempt employees, architects, engineers, existing civil service positions, and other technical positions for the development, planning, and construction related to capital improvement projects; and [(15)] (18) Do any and all things necessary to carry out its purposes and exercise the powers given and granted in this subpart." SECTION 3. Act 206, Session Laws of Hawaii 2017, section 2, as amended by Act 272, Session Laws of Hawaii 2019, section 4, is amended by amending subsection (a) to read as follows: "(a) Notwithstanding any other law to the contrary, no later than , the fee simple interest to the following parcels of land with the existing improvements thereon (hereinafter "the properties") (but not including submerged land, accreted land, or any land makai of the shoreline), shall be conveyed by the city and county of Honolulu to the department of education as grantee, as is, where is: (1) TMK 1-4-5-34-14 (Castle High); (2) TMKs 1-5-6-6-9, 1-5-6-6-10, and 1-5-6-6-25 (Kahuku High and [Elementary);] Intermediate); (3) TMK 1-4-4-34-24 (Kalaheo High); (4) TMK 1-9-1-1-2 (portion) (Campbell High); (5) TMK 1-8-5-15-1 (Waianae High); (6) TMK 1-9-4-8-20 (Waipahu High); (7) TMK 1-9-8-31-17 (Aiea High); (8) TMK 1-7-4-18-1 (Leilehua High); (9) TMK 1-9-9-2-23 (Radford High); (10) TMK 1-6-7-2-10 (Waialua High and Intermediate); (11) TMKs 1-6-003-048, 1-6-021-005 (Farrington High); (12) TMK 2-7-024-001 (Kaimuki High); (13) TMK 3-9-005-027 (Kaiser High); and (14) TMK 3-5-020-004 (Kalani High)." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval.
48	48
49	49	SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding three new sections to part VI, subpart C, to be appropriately designated and to read as follows:
50	50
51	51	"§302A- Acquisition of real property from a county. Notwithstanding the provision of any law or charter to the contrary, any county, by resolution of its local governing body, without public auction, sealed bids, or public notice, may sell, lease for a term not exceeding sixty-five years, grant, or convey to the authority any real property owned by the county that the authority certifies to be necessary for the authority's purposes. The sale, lease, grant, or conveyance shall be made with or without consideration and upon terms and conditions as may be agreed upon by the county and the authority. Certification shall be evidenced by a formal request from the authority. Before the sale, lease, grant, or conveyance may be made to the authority, a public hearing shall be held by the local governing body to consider the sale, lease, grant, or conveyance. Notice of the hearing shall be published at least ten days before the date set for the hearing in a publication and in a manner as may be designated by the local governing body.
52	52
53	53	§302A- Exemption from taxation. The authority shall not be required to pay assessments levied by any county, nor shall the authority be required to pay state taxes of any kind.
54	54
55	55	§302A- Assistance by state and county agencies. Any state or county agency may render services upon request of the authority."
56	56
57	57	SECTION 2. Section 302A-1703, Hawaii Revised Statutes, is amended as follows:
58	58
59	59	1. By amending subsection (a) to read:
60	60
61	61	"(a) Except as otherwise limited by this chapter, the authority shall be responsible for [all] public school development, planning, and construction related to capital improvement projects assigned by the legislature, governor, or board of education."
62	62
63	63	2. By amending subsection (c) to read:
64	64
65	65	"(c) Except as otherwise limited by this chapter, the authority may also:
66	66
67	67	(1) Have a seal and alter the same at its pleasure;
68	68
69	69	(2) Subject to subsection (b), make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this subpart;
70	70
71	71	(3) Make and alter bylaws for its organization and internal management;
72	72
73	73	(4) Adopt rules pursuant to chapter 91 with respect to its projects, operations, properties, and facilities, including qualifications for persons and entities wishing to enter into a public-private partnership with the authority, as permitted in paragraph [(7);] (8);
74	74
75	75	(5) Acquire or contract to acquire by grant or purchase real, personal, or mixed property or any interest therein; to clear, improve, and rehabilitate and to sell, assign, exchange, transfer, convey, lease, subdivide, or otherwise dispose of or encumber the same;
76	76
77	77	(6) Acquire property by condemnation pursuant to chapter 101;
78	78
79	79	(7) Adopt rules pursuant to chapter 91 that shall supersede all other inconsistent ordinances and rules relating to the zoning of land and construction thereon for the purposes of implementing this subpart; provided that the rules adopted pursuant to this paragraph shall follow existing laws, rules, ordinances, and regulations as closely as is consistent with standards meeting minimum requirements of good design, pleasant amenities, health, safety, and coordinated development;
80	80
81	81	[(7)] (8) Enter into partnerships with qualified persons, including public-private partnerships, as defined in the authority's rules, to acquire, construct, reconstruct, rehabilitate, improve, alter, or provide for the construction, reconstruction, improvement, or alteration of any project; and sell, assign, transfer, convey, exchange, lease, or otherwise dispose of or encumber any project; and in the case of the sale of any project, accept a purchase money mortgage in connection therewith;
82	82
83	83	[(8)] (9) Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on terms and conditions as it deems advisable;
84	84
85	85	[(9)] (10) Prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, or alteration of any project, and from time to time to modify the plans, specifications, designs, or estimates;
86	86
87	87	[(10)] (11) Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable;
88	88
89	89	[(11)] (12) Apply for and accept gifts or grants in any form from any public agency or from any other source, including gifts or grants from private individuals and private entities;
90	90
91	91	[(12)] (13) Borrow money or procure loan guarantees from the federal government for or in aid of any project the authority is authorized to undertake pursuant to this chapter. Additionally, in connection with borrowing or procurement of loan guarantees, the authority:
92	92
93	93	(A) Shall comply with conditions required by the federal government pursuant to applicable regulation or required in any contract for federal assistance;
94	94
95	95	(B) Shall repay indebtedness incurred pursuant to this section, including any interest thereon;
96	96
97	97	(C) May execute loan and security agreements and related contracts with the federal government;
98	98
99	99	(D) May issue bonds pledging revenues, assessments, or other taxes as security for indebtedness incurred pursuant to this section; and
100	100
101	101	(E) May enter into financing agreements as that term is defined in section 37D-1;
102	102
103	103	[(13)] (14) Appoint or retain by contract one or more attorneys who are independent of the attorney general to provide legal services solely in cases of negotiations in which the attorney general lacks the sufficient expertise; provided that the independent attorney shall consult and work in conjunction with the designated deputy attorney general;
104	104
105	105	(15) Engage in commercial enterprise activities for the purpose of revenue generation;
106	106
107	107	(16) Contract to manage the leasing and property management of housing projects;
108	108
109	109	[(14)] (17) Use the department of human resources development to recruit, hire, and retain exempt employees, architects, engineers, existing civil service positions, and other technical positions for the development, planning, and construction related to capital improvement projects; and
110	110
111	111	[(15)] (18) Do any and all things necessary to carry out its purposes and exercise the powers given and granted in this subpart."
112	112
113	113	SECTION 3. Act 206, Session Laws of Hawaii 2017, section 2, as amended by Act 272, Session Laws of Hawaii 2019, section 4, is amended by amending subsection (a) to read as follows:
114	114
115	115	"(a) Notwithstanding any other law to the contrary, no later than , the fee simple interest to the following parcels of land with the existing improvements thereon (hereinafter "the properties") (but not including submerged land, accreted land, or any land makai of the shoreline), shall be conveyed by the city and county of Honolulu to the department of education as grantee, as is, where is:
116	116
117	117	(1) TMK 1-4-5-34-14 (Castle High);
118	118
119	119	(2) TMKs 1-5-6-6-9, 1-5-6-6-10, and 1-5-6-6-25 (Kahuku High and [Elementary);] Intermediate);
120	120
121	121	(3) TMK 1-4-4-34-24 (Kalaheo High);
122	122
123	123	(4) TMK 1-9-1-1-2 (portion) (Campbell High);
124	124
125	125	(5) TMK 1-8-5-15-1 (Waianae High);
126	126
127	127	(6) TMK 1-9-4-8-20 (Waipahu High);
128	128
129	129	(7) TMK 1-9-8-31-17 (Aiea High);
130	130
131	131	(8) TMK 1-7-4-18-1 (Leilehua High);
132	132
133	133	(9) TMK 1-9-9-2-23 (Radford High);
134	134
135	135	(10) TMK 1-6-7-2-10 (Waialua High and Intermediate);
136	136
137	137	(11) TMKs 1-6-003-048, 1-6-021-005 (Farrington High);
138	138
139	139	(12) TMK 2-7-024-001 (Kaimuki High);
140	140
141	141	(13) TMK 3-9-005-027 (Kaiser High); and
142	142
143	143	(14) TMK 3-5-020-004 (Kalani High)."
144	144
145	145	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
146	146
147	147	SECTION 5. This Act shall take effect upon its approval.
148	148
149	149	Report Title: DOE; School Facilities Authority; Powers; Land Transfer; City and County of Honolulu Description: Authorizes the counties to transfer land to the School Facilities Authority. Exempts the School Facilities Authority from taxes. Authorizes state and county agencies to render services to the School Facilities Authority upon request. Authorizes the School Facilities Authority to engage in commercial enterprise activities for the purpose of revenue generation. Authorizes the School Facilities Authority to contract to manage leasing and management of housing projects. Establishes a deadline for the transfer of properties to the Department of Education from the City and County of Honolulu required by Act 206, SLH 2017, as amended by Act 272, SLH 2019. (SD2) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
150	150
151	151
152	152
153	153	Report Title:
154	154
155	155	DOE; School Facilities Authority; Powers; Land Transfer; City and County of Honolulu
156	156
157	157
158	158
159	159	Description:
160	160
161	161	Authorizes the counties to transfer land to the School Facilities Authority. Exempts the School Facilities Authority from taxes. Authorizes state and county agencies to render services to the School Facilities Authority upon request. Authorizes the School Facilities Authority to engage in commercial enterprise activities for the purpose of revenue generation. Authorizes the School Facilities Authority to contract to manage leasing and management of housing projects. Establishes a deadline for the transfer of properties to the Department of Education from the City and County of Honolulu required by Act 206, SLH 2017, as amended by Act 272, SLH 2019. (SD2)
162	162
163	163
164	164
165	165
166	166
167	167
168	168
169	169	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.