CONFERENCE COMMITTEE REP. NO.129

Honolulu, Hawaii

, 2001

RE: S.B. No. 755

S.D. 2

H.D. 1

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 755, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HARBORS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to authorize the Department of Transportation (DOT) or the Board of Land and Natural Resources (BLNR) to enter into capital advancement contracts with private parties for maintenance and repair of facilities throughout the State.

With one exception, there were only minor linguistic differences between the House and Senate versions of this bill. The House and Senate differed as to whether the capital advancement contracts authorized by this bill should be approved by the state procurement office or by the DOT or BLNR.

Your Conference Committee agreed to reinstate the H.D. 1 version of this bill as the base for the C.D. 1 version, which requires approval by either DOT or BLNR, whichever entity has jurisdiction over the harbor being improved, in addition to any other approvals required under this bill.

In addition, your Conference Committee amended this bill as follows:

(1) To define the term "capital advancement contract";

(2) To insert language clarifying that the capital advancement contracts authorized by this bill shall not be general obligations of the State for which the full faith and credit of the DOT or BLNR is pledged, and that the legislature shall be under no obligation to appropriate funds to reimburse private parties to capital advancement contracts; and

(3) To limit the total aggregate amount of capital advancement contracts that may be entered into in any calendar year. As amended, BLNR may enter into capital advancement contracts with a total aggregate value of $5,000,000 annually for improvements to small boat harbors; DOT may enter into $5,000,000 worth of capital advancement contracts annually for improvements to harbors under its jurisdiction.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 755, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 755, S.D. 2, H.D. 1, C.D. 1.

 

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

JOSEPH M. SOUKI, Co-Chair

____________________________

CAL KAWAMOTO, Chair

____________________________

WILLIE C. ESPERO, Co-Chair

____________________________

BRIAN T. TANIGUCHI, Co-Chair