Bill Text: HI SB165 | 2016 | Regular Session | Amended
Bill Title: DAGS; Leases; Facility Agreements; Inventory; Appropriation ($)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB165 Detail]
Download: Hawaii-2016-SB165-Amended.html
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THE SENATE |
S.B. NO. |
165 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO STATE FACILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 26-6, Hawaii Revised Statutes, is amended to read as follows:
"§26-6 Department of accounting and general services. (a) The department of accounting and general services shall be headed by a single executive to be known as the comptroller.
(b) The department shall:
(1) Preaudit and conduct after-the-fact audits of the financial accounts of all state departments to determine the legality of expenditures and the accuracy of accounts;
(2) Report to the governor and to each regular session of the legislature as to the finances of each department of the State;
(3) Administer the state risk management program;
(4) Establish and manage motor pools;
(5) Manage the preservation and disposal of all records of the State;
(6) Undertake the program of centralized engineering
and office leasing services, including operation [and],
maintenance, lease negotiation, and lease processing of public
buildings, for departments of the State;
(7) Notwithstanding any other law to the contrary, negotiate and process leases for departments and agencies of the State;
[(7)] (8) Undertake the functions of the
state surveyor;
[(8)] (9) Establish accounting and
internal control systems;
[(9)] (10) Provide centralized computer
information management and processing services, coordination in the use of all
information processing equipment, software, facilities, and services in the
executive branch of the State, and consultation and support services in the use
of information processing and management technologies to improve the
efficiency, effectiveness, and productivity of state government programs; and
[(10)] (11) Establish, coordinate, and
manage a program to provide a means for public access to public information and
develop and operate an information network in conjunction with its overall
plans for establishing a communication backbone for state government.
(c) The state communication system shall be established to:
(1) Facilitate implementation of the State's distributed information processing and information resource management plans;
(2) Improve data, voice, and video communications in state government;
(3) Provide a means for connectivity among the state, university, and county computer systems; and
(4) Provide a long-term means for public access to public information.
(d) The department shall facilitate a facility agreement with any private investor for the sale of a state facility to the private investor; provided that the facility agreement contains the following requirements:
(1) The State shall sell the facility to the private investor, who shall:
(A) Renovate, improve, or construct a facility for the State and may maintain the facility; and
(B) Lease the facility to the State, pursuant to a building lease; and
(2) The State shall have the option of purchasing the facility from the private investor for the remaining balance of the debt service costs incurred by the private investor at any time.
For purposes of this subsection:
"Building lease" means a contract between the department of accounting and general services and a private investor in which the private investor leases an improved facility to the department for a specified period of time.
"Facility" means a building under the management and control of any state department.
"Facility agreement" means an agreement between the State and a private investor which, at a minimum, includes:
(1) A description of the work to be done;
(2) The sale price for the facility;
(3) The duration of the agreement;
(4) The roles and responsibilities of the State and the private investor; and
(5) The terms and conditions for the lease.
"Private investor" means a non-governmental entity.
[(d)] (e) The department may
adopt rules as may be necessary or desirable for the operation and maintenance
of public buildings, [and] for the operation and implementation of a
program to provide a means for public access to the State's information network
system and public information[.], and for the implementation of
facility agreements pursuant to subsection (d). The rules shall be adopted
pursuant to chapter 91.
[(e)] (f) The King Kamehameha
celebration commission shall be placed within the department of accounting and
general services for administrative purposes. The functions, duties, and
powers, subject to the administrative control of the comptroller, and the
composition of the commission shall be as heretofore provided by law.
[(f)] (g) The functions and
authority heretofore exercised by the comptroller, board of commissioners of
public archives, the archivist, the disposal committee, and the insurance
management, surplus property management, and central purchasing functions of
the bureau of the budget and the nonhighway functions of the department of
public works as heretofore constituted are transferred to the department of
accounting and general services established by this chapter.
[(g)] (h)
The department of accounting and general services shall preserve and protect
Washington Place, including the grounds and the historic residence situated on
its premises at Miller and Beretania Streets in Honolulu. The department shall
administer, manage, operate, and maintain Washington Place and the trust fund
created under subsection (h).
[(h)] (i)
There is established a trust fund in the state treasury to be known as the
Washington Place trust fund, into which shall be deposited:
(1) All rents and fees collected for the use of Washington Place and from activities conducted on the premises;
(2) All other money received for the fund from any other source; and
(3) All income and interest earned or accrued on moneys deposited into the trust fund.
All moneys deposited into the trust fund shall be expended by the department of accounting and general services and used exclusively to implement the provisions of subsection (g), including for staff salaries and fringe benefits, and shall not be transferred, nor subject to transfer, to the general fund or any other fund in the state treasury."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Department of Accounting and General Services; Lease Negotiation; Facility Agreements; Private Investors
Description:
Establishes DAGS as the department responsible for negotiating and processing leases for state departments. Requires DAGS to facilitate facility agreements between the State and private investors. Effective 07/01/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
