[§302A-1314]  Hawaii 3Ts school technology
laboratories fund.  (a)  There is established the Hawaii 3Ts school
technology laboratories fund (hereinafter, "fund") as a separate fund
of the Economic Development Alliance of Hawaii Inc., 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)  The Economic Development Alliance of
Hawaii Inc. 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.  Such
expenditures shall be in accordance with this section, and consistent with the
criteria and recommendations of the Hawaii 3Ts school technology laboratories
board.



(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 the Economic Development Alliance of Hawaii Inc., through its Hawaii 3Ts
project, 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)  The Economic Development Alliance of
Hawaii Inc. shall appoint the members of the Hawaii 3Ts school technology
laboratories board, which shall be responsible for:



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



(2)  Establishing criteria for proposals to be funded
and the expenditure of funds;



(3)  Reviewing grant proposals utilizing criteria established
by Hawaii 3Ts school technology laboratories board; and



(4)  Making recommendations for grants and other
specific expenditures to the Economic Development Alliance of Hawaii Inc.



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)  In managing the moneys in the fund, the
Economic Development Alliance of Hawaii Inc. shall exercise ordinary business
care and prudence given the facts and circumstances prevailing at the time of
action or decision.  In doing so, the Economic Development Alliance of Hawaii
Inc. shall consider its long-term and short-term needs in carrying out its
purposes, its present and anticipated financial requirements, expected total
return on its investments, price trends, and general economic conditions.



(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)  The Economic Development Alliance of
Hawaii Inc. is authorized to expend the principal from the fund for the
purposes of the fund.



(i)  Any organization submitting a proposal to
the Economic Development Alliance of Hawaii Inc. 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 approved by the Hawaii 3Ts
school technology laboratories board and for which the Economic Development
Alliance of Hawaii Inc. intends to provide fund moneys shall be approved by the
director of business, economic development, and tourism for consistency in
meeting the purposes of this section.



(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
the Economic Development Alliance of Hawaii Inc. 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 the Economic Development Alliance of Hawaii Inc. 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 the Economic
Development Alliance of Hawaii Inc. shall be made under as much competition as
practical to execute its purposes.



(n)  The fund shall be audited annually by an
independent auditor retained by the Economic Development Alliance of Hawaii
Inc.  The auditor's report of each annual audit shall be submitted to the
department of business, economic development, and tourism not later than thirty
days from the date the audit report is received by the Economic Development
Alliance of Hawaii Inc.  In addition, the Economic Development Alliance of
Hawaii Inc. 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, the Economic Development
Alliance of Hawaii Inc., or Hawaii 3Ts.



(p)  For every dollar granted to a recipient by
the fund, a minimum of 50 cents in value shall be 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.



[(r)]  The Economic Development Alliance of
Hawaii Inc. shall submit an annual report for approval by the director of
business, economic development, and tourism on the progress of the Hawaii 3Ts
school technology laboratories fund by December 1 of each year.  The director
of business, economic development, and tourism shall transmit the report along
with comments from the department of business, economic development, and
tourism to the legislature no later than twenty days prior to the convening of
each regular session. [L 2004, c 218, §§2, 3]



 



Revision Note



 



  L 2004, c 218, §3 is codified to this section as subsection
(r) pursuant to §23G-15.