Report Title:

NELHA; Exemption; Hawaii Public Procurement Code

Description:

Exempts the Natural Energy Laboratory of Hawaii Authority from the Hawaii Public Procurement Code, chapter 103D, HRS.

HOUSE OF REPRESENTATIVES

H.B. NO.

1971

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the natural energy laboratory of hawaii authority.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 227D-7, Hawaii Revised Statutes, is amended to read as follows:

"§227D-7 Exemption of authority from taxation [and], competitive bidding[.], and procurement code. (a) All revenues and receipts derived by the authority from any project or research and technology park or under a project agreement or other agreement pertaining thereto shall be exempt from all state taxation. Any right, title, and interest of the authority in any project or research and technology park shall also be exempt from all state taxation. Except as otherwise provided by law, the interest of a qualified person or other user of a project or research and technology park under a project agreement or other agreements related to a project or research and technology park shall not be exempt from taxation to a greater extent than it would be if the costs of the project or research and technology park were directly financed by the qualified person or user.

(b) The authority shall not be subject to the requirements of chapter 103 for project agreements, construction contracts, retail concession or tour-related contracts, or other contracts unless a project agreement with respect to a project or research and technology park shall require otherwise.

(c) The authority shall not be subject to the requirements of chapter 103D unless a project agreement with respect to a project or research and technology park shall require otherwise; provided that:

(1) The following conflict of interest policy is duly adopted by the board; and

(2) The following statement form is signed by each board member, officer, and employee of the authority.

NATURAL ENERGY LABORATORY OF HAWAII AUTHORITY

Conflict of Interest Statement

Form for Directors of the Board,

Officers, and Employees

I, the undersigned, acknowledge my receipt and understanding of the Natural Energy Laboratory of Hawaii Authority's (Authority) guidelines for the avoidance of conflicts of interest with the activities of the Authority. These guidelines are:

Duty of Loyalty. The duty of loyalty is a standard of faithfulness to the Authority. The fundamental duty of loyalty owed by a board member, officer, and employee is the duty to give undivided allegiance to the Authority when making decisions affecting the Authority.

Duty of Obedience. The duty of obedience requires board members, officers, and employees to be faithful to the Authority's mission. Although board members, officers, and employees may exercise their own reasonable judgment concerning how the Authority should best meet its mission, they are not permitted to act in a manner that is inconsistent with the central goals of the Authority.

Duty of Care. The duty of care describes the level of competence that is expected of a board member, officer, and employee. The most commonly expressed standard is that a board member, officer, and employee owes the duty of care that an ordinarily prudent person would exercise in a like position under similar circumstances.

I understand that the conflict of interest policy of the Authority is intended only to supplement the laws of the State of Hawaii and that if any conflict arises between Authority policy and state law, state law will govern.

Except as noted below, I have no current conflicts of interest. Should I encounter such conflicts during my tenure at the Authority, I will modify this acknowledgement by filing an updated, executed copy.

Signature:

Name:

Position:

Date: "

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________