Bill Text: HI HB360 | 2022 | Regular Session | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB360 Detail]
Download: Hawaii-2022-HB360-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
360 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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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:
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.
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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.