Bill Text: HI HCR134 | 2014 | Regular Session | Amended


Bill Title: Correctional Facilities; Public-Private Partnership

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed - Dead) 2014-04-08 - Referred to PSM, WAM. [HCR134 Detail]

Download: Hawaii-2014-HCR134-Amended.html

HOUSE OF REPRESENTATIVES

H.C.R. NO.

134

TWENTY-SEVENTH LEGISLATURE, 2014

H.D. 1

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

ENCOURAGING THE DEPARTMENT OF PUBLIC SAFETY TO ENTER INTO A PUBLIC-PRIVATE PARTNERSHIP AGREEMENT FOR THE PLANNING, DESIGN, CONSTRUCTION, TURNKEY, AND FINANCING OF EXPANDED, RENOVATED, OR NEW CORRECTIONAL FACILITIES STATEWIDE.

 

 

 


     WHEREAS, part of the mission of the Department of Public Safety is to promote public safety in Hawaii's communities by providing correctional services with professionalism, integrity, and fairness; and

 

     WHEREAS, the Legislature believes that transferring back to Hawaii persons who are in Hawaii's correctional system but incarcerated in mainland facilities is in the best interest of the State as it serves and benefits the economic, social, and public safety interests of its citizens; and

 

     WHEREAS, the Department of Public Safety currently operates a total of seven correctional facilities on the islands of Hawaii, Kauai, Maui, and Oahu, all of which are in need of modernization or expansion to meet the State's current correctional needs, including the return of Hawaii prisoners from mainland facilities; and

 

     WHEREAS, pursuant to section 353-16.36, Hawaii Revised Statutes, the Governor may enter into and execute contracts in the name of the State with any private entity to construct and then lease or purchase correctional facilities on public or private lands for the benefit of the State; and

 

     WHEREAS, the State is interested in promoting a public-private partnership to plan, design, construct, and finance expanded, renovated, turnkey, or new correctional facilities statewide, as permitted under chapter 37D, Hawaii Revised Statutes; and

     WHEREAS, similar financing agreements have been used by the State for other projects as an alternative funding mechanism permitted under chapter 37D; and

 

     WHEREAS, the Legislature recognizes that ultimately, future appropriations will likely be necessary for the Department of Public Safety to meet future payment obligations under the public-private partnership agreement; and

 

     WHEREAS, the Legislature further recognizes that financing agreements or private financing for the development of correctional facilities on state lands will likely not provide better interest rates or financing costs than general obligation bonds; and

 

     WHEREAS, the Legislature further recognizes that the State could capitalize on the equity value of its assets and may desire to enter into land or property agreements entailing the sale, exchange, or lease, or any combination thereof, of lands or property to reduce or improve future costs or payment obligations of the State through a public-private partnership agreement; and

 

     WHEREAS, the Legislature further recognizes that the developer could develop such lands or property sold, exchanged, or leased, or any combination thereof, for something other than correctional facilities in the public-private partnership agreement; and

 

     WHEREAS, a request for proposals for the Department of Public Safety to enter into a public-private partnership to plan, design, construct, and finance the development of expanded, renovated, turnkey, or new facilities should be encouraged; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, the Senate concurring, that the Department of Public Safety is encouraged to enter into a public-private partnership agreement for the planning, design, construction, and financing of expanded, renovated, turnkey, or new correctional facilities statewide; and

     BE IT FURTHER RESOLVED that this body expresses its support for future appropriations and land or property agreements that may include selling, exchanging, or leasing, or any combination thereof of property or lands, as may be necessary for the Department of Public Safety to meet future payment obligations under the agreement; and

 

     BE IT FURTHER RESOLVED that this body supports construction of correctional facilities statewide, as set forth in this Concurrent Resolution, provided, among other things, that the opportunity is afforded for community and public input on the projects and their proposed locations; and

 

BE IT FURTHER RESOLVED that this body supports the Department of Public Safety's intention that such correctional facilities be operated and managed by the State, and not private companies; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Attorney General, Comptroller, Director of Finance, Director of Public Safety, Chairperson of the Board of Land and Natural Resources, Chairperson of the Hawaiian Homes Commission, and the Mayors and County Council chairpersons of each county.

Report Title: 

Correctional Facilities; Public-Private Partnership

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