SENATE FLOOR AMENDMENT

 

FLOOR AMENDMENT NO.  9 Date 04-13-04

TO: H.B. No. 2840, H.D. 1, S.D. 2

 

SECTION 1. House Bill No. 2840, H.D. 1, S.D. 2, is amended by designating Sections 1 and 2 as Part I, and by amending Section 1 to read as follows:

"SECTION 1. The purpose of this part is to appropriate a portion of the matching funds necessary for the Hawaii community development authority to receive grant moneys from the United States Department of Commerce, Economic Development Administration, in order to conduct economic master planning for Kalaeloa."

SECTION 2. House Bill No. 2840, H.D. 1, S.D. 2, is amended by adding eight new sections designated as Sections 3, 4, 5, 6, 7, 8, 9, and 10, designating those sections as Part II, and to read as follows:

"SECTION 3. The purpose of this part is to establish a Hawaii 3Ts school technology laboratories fund outside the state treasury for the continuation and expansion of the project EAST initiative or similar programs in public schools on all islands, and making an appropriation for the fund.

SECTION 4. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"302A-   Hawaii 3Ts school technology laboratories fund. (a) There is established the Hawaii 3Ts school technology laboratories fund (hereinafter, "fund") as a separate fund of             , a Hawaii nonprofit organization. Moneys received from the state, county, or federal government, private contributions of cash or other property, and the income and capital gains earned by the fund shall constitute its assets.

(b)            shall expend moneys in the form of either grants to organizations or contracts with private vendors from the fund for the establishment and maintenance of technology laboratories in public schools in Hawaii in accordance with this section.

(c) The fund may receive contributions, grants, endowments, or gifts in cash or otherwise from all sources, including corporations or other businesses, foundations, government, individuals, and other interested parties. The legislature intends that the public and private sectors work together as partners in securing contributions for the fund, and that           , through its project, Hawaii 3Ts, assist the public and private sectors in reviewing and investigating all potential funding sources. The State may appropriate moneys to the fund; provided that any appropriations made by the State are not intended to supplant the funding of any existing public school programs for the establishment and maintenance of school technology laboratories.

(d)            shall appoint the members of the Hawaii 3Ts school technology laboratories board, which shall be responsible for:

(1) Soliciting and otherwise raising funds for the fund;

(2) Establishing criteria for the expenditure of funds;

(3) Reviewing grant proposals utilizing criteria established by           ; and

(4) Making recommendations for grants and other specific expenditures.

Members of the advisory board shall be stakeholders in Hawaii's public education and workforce development entities, including students and parents, teachers and principals, business and community leaders, representatives from the county economic development boards, and representatives from the department of education, the department of business, economic development, and tourism, and the department of accounting and general services, who shall be represented on the advisory board.

(e) The aggregate principal sum deposited in the fund, and any income and capital gains earned by the fund but not expended for administration, shall be invested in accordance with the provisions of            in a manner intended to maximize the rate of return on investment of the fund.

(f) There may be an endowment component of the fund.

(g) The use of any state moneys may be restricted by the legislation appropriating these moneys to the fund.

(h)            is authorized to expend the principal from the fund for the purposes of the fund.

(i) Any organization submitting a proposal to            for fund moneys shall meet all of the following standards at the time of applications:

(1) Be a for-profit organization duly registered under the laws of the State, or be a nonprofit organization determined by the Internal Revenue Service to be exempt from the federal income tax, or be an agency of the State or a county;

(2) In the case of a nonprofit organization, have a governing board whose members have no material conflict of interest and serve without compensation;

(3) In the case of an applicant that is not a state or county government agency, have bylaws or policies that describe the manner in which business is conducted and policies that relate to the management of potential conflict of interest situations;

(4) Have experience with the project or in the program area for which the proposal is being made; and

(5) Be licensed and accredited, as applicable, in accordance with the requirements of federal, state, and county governments.

(j) All proposals submitted to            for fund moneys shall be approved by the department of business, economic development, and tourism for consistency in meeting design and materials standards for public schools.

(k) Organizations or agencies to which fund moneys are awarded shall agree to comply with the following conditions before receiving the award:

(1) Employ or have under contract persons qualified to engage in the activity to be funded;

(2) Comply with applicable federal, state, and county laws; and

(3) Comply with any other requirements prescribed by            to ensure adherence by the recipient of the award with applicable federal, state, and county laws and with the purposes of this section.

(l) Chapter 103D shall not apply to organizations or agencies that apply for grants or contracts under this section; provided that            shall be held accountable for the use of the funds under a contract with the department of business, economic development, and tourism.

(m) Any contracts awarded by            shall be made under as much competition as practical to execute its purposes.

(n) The fund shall be audited annually by an independent auditor. The results of each annual audit shall be submitted to the department of business, economic development, and tourism not later than thirty days from the date receives the audit results. In addition,            shall retain for a period of three years, and permit the department of accounting and general services, the department of education, the department of business, economic development, and tourism, state legislators, and the auditor, or their duly authorized representatives, to inspect and have access to, any documents, papers, books, records, and other evidence that is pertinent to the fund.

(o) The fund shall not be placed in the state treasury, and the State shall not administer the fund, nor shall the State be liable for the operation or solvency of the fund,           , or Hawaii 3Ts.

(p) For every dollar of state moneys granted by the fund to the project, there shall be a minimum of $1 in value matched by            from private, federal, county, or community sources.

(q) For purposes of this section, "school technology laboratory" means a multi-station computer laboratory that offers students a variety of different types of hardware and software applications."

SECTION 5. The director of business, economic development, and tourism shall submit an annual report to the legislature of the progress of the Hawaii 3Ts school technology laboratories fund no later than twenty days prior to the convening of each regular session.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, as a grant-in-aid pursuant to chapter 42F, Hawaii Revised Statutes, to            for the Hawaii 3Ts school technology laboratories fund.

The sum appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this part.

SECTION 7. The director of business, economic development, and tourism may employ the coordinator, who shall be exempt from chapter 76, Hawaii Revised Statutes, as necessary to effectuate the purposes of this part. The coordinator shall serve at the pleasure of the director of business, economic development, and tourism.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, for a position in the department of business, economic development, and tourism to coordinate public and private efforts to establish and maintain technology laboratories in public schools.

The sum appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this part.

SECTION 9. If any provisions of this part, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the part which can be given effect without the invalid provision or application, and to this end the provisions of this part are severable.

SECTION 10. It is the intent of this part not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this part, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature."

SECTION 3. House Bill No. 2840, H.D. 1, S.D. 2, is amended by adding a Section 11, renumbering Section 3 as Section 12, designating those sections as Part III, and to read as follows:

"SECTION 11. New statutory material is underscored.

SECTION 12. This Act shall take effect on July 1, 2004."

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Offered by:

( ) Carried

 

( ) Failed to Carry

 

( ) Withdrawn