Hawaii-2024-SB2873-Amended

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 and lease buyback processing pursuant to subsection (d) of public buildings, for departments of the State;

(7) Undertake the functions of the state surveyor;

(8) Establish accounting and internal control systems;

(9) Under the direction of the chief information officer, provide centralized computer information management and processing services;

(10) Establish a program to provide a means for public access to public information and develop an information network for state government;

(11) Assume administrative responsibility for the office of information practices; and

(12) Approve state fleet acquisitions; provided that:

(A) Beginning January 1, 2022, all new light-duty motor vehicles that are passenger cars purchased for the State's fleet shall be zero-emission vehicles;

(B) Beginning as soon as practicable but no later than January 1, 2030, all new light-duty motor vehicles that are multipurpose passenger vehicles and trucks for the State's fleet shall be zero-emission vehicles; and

(C) The comptroller may authorize an exemption for new fleet vehicle purchases if zero-emission vehicles are demonstrated to be cost-prohibitive on a lifecycle basis or unsuitable for the vehicles' planned purpose, or if funds are unavailable.

For the purposes of this subsection:

"Light-duty motor vehicle" shall have the same meaning as contained in title 10 Code [[]of[]] Federal Regulations part 490.

"Multipurpose passenger vehicle" shall have the same meaning as contained in title 49 Code of Federal Regulations section 571.3.

"Passenger car" shall have the same meaning as contained in title 49 Code of Federal Regulations section 571.3.

"Truck" shall have the same meaning as contained in title 49 Code of Federal Regulations section 571.3.

"Zero-emission vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations section 88.102-94.

(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 establish, coordinate, and manage a program to facilitate facility agreements between the State and private investors for the sale of facilities, excluding facilities managed or controlled by the department of transportation, to private investors; provided that each 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;

(2) The land upon which the facility rests shall not be sold to the private investor; provided that the land may be leased at a nominal rate to the private investor for a term that would, at a minimum, allow the private investor to recover the capital investment that has been made to the facility, including depreciation; and

(3) 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 that, at a minimum, includes a description of the work to be done, the sale price for the facility, the duration of the agreement, the roles and responsibilities of the State and the private investor, and the terms and conditions for the lease.

"Private investor" means a nongovernmental entity.

(e) The department may adopt rules as may be necessary or desirable for the operation and maintenance of public buildings; 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.

(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.

(g) There is established within the department of accounting and general services an advisory commission to propose names for state buildings, parks, facilities, and events. The commission shall consist of nine members to be appointed by the governor in the manner provided by section 26‑34; provided that:

(1) Three members shall be appointed from a list of not less than nine nominees submitted by the speaker of the house of representatives;

(2) Three members shall be appointed from a list of not less than nine nominees submitted by the president of the senate;

(3) One member shall be appointed from the state historic preservation division who shall serve as an ex officio, voting member;

(4) One member shall be appointed from Hawaiinuiakea, school of Hawaiian knowledge, who shall serve as an ex officio, voting member; and

(5) One member shall be appointed to represent the public.

The terms of all appointments shall be four years. The governor shall appoint the chairperson of the commission from among the members. The members of the commission shall serve without compensation, but shall be entitled to reimbursement for travel and other necessary expenses while attending meetings and while in discharge of their duties. The department of accounting and general services shall provide staff as necessary, including clerical support staff, to assist the commission in its duties. The department of accounting and general services may include a cultural advisor to the commission if determined to be applicable. The commission shall be responsible for proposing names or a change of name for any state building, park, facility, or event. The commission shall submit any proposals to the governor for the governor's consideration. The commission shall adopt rules pursuant to chapter 91 necessary for the purposes of this subsection.

[~~(g)~~] (h) 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.

[~~(h)~~] (i) 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 (i).

[~~(i)~~] (j) 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 (h), 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, 2112.

THE SENATE	S.B. NO.	2873
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII