Bill Text: HI SB1518 | 2023 | Regular Session | Amended
Bill Title: Relating To The Department Of Education.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2023-07-07 - Vetoed on 07-07-23 - Returned from the Governor without approval (Gov. Msg. No. 1365). [SB1518 Detail]
Download: Hawaii-2023-SB1518-Amended.html
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THE SENATE |
S.B. NO. |
1518 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE DEPARTMENT OF EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that the electronic system, due to its complicated and onerous nature, places a heavy burden on school administrators seeking to address repair and maintenance backlogs and further strains the already limited time and resources of these school administrators. Additionally, with the recent influx of federal funding and the various conditions attached thereto, including the maintenance of effort provisions within the Coronavirus Aid, Relief, and Economic Security Act, the department of education needs to have additional flexibility to expend federal funds in a timely manner.
The purpose of this Act is to provide procurement exemptions
for the department of education.
SECTION 2. Chapter 302A,
Hawaii Revised Statutes, is amended by adding a new section to part V to be
appropriately designated and to read as follows:
"§302A- Procurement; educational goods and
services; small purchases.
Notwithstanding section 103D-305(c) or any other law to the contrary,
the department may procure goods and services of less than $100,000 without
using an electronic system; provided that the procurement shall be subject to
the rules governing procurements of less than $25,000; provided further that,
based on specifications and with adequate reasonable competition, a procurement
of:
(1) At
least $5,000 but less than $15,000 shall require at least three quotations; and
(2) At
least $15,000 but less than $100,000 shall require at least three quotations in
writing."
SECTION 3. Chapter 302A,
Hawaii Revised Statutes, is amended by adding a new section to subpart A of
part VI to be appropriately designated and to read as follows:
"§302A- Procurement; educational construction;
small purchases.
Notwithstanding section 103D-305(c) or any other law to the contrary,
the department may procure construction of less than $250,000 without using an
electronic system; provided that the procurement shall be subject to the rules
governing procurements of less than $25,000; provided further that, based on
specifications and with adequate reasonable competition, a procurement of:
(1) At
least $5,000 but less than $15,000 shall require at least three quotations; and
(2) At
least $15,000 but less than $250,000 shall require at least three quotations in
writing."
SECTION 4. Section 103D-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Notwithstanding subsection (a), this chapter
shall not apply to contracts by governmental bodies:
(1) Solicited
or entered into before July 1, 1994, unless the parties agree to its
application to a contract solicited or entered into prior to July 1, 1994;
(2) To
disburse funds, irrespective of their source:
(A) For
grants as defined in section 42F-101, made by the State in accordance with
standards provided by law as required by article VII, section 4, of the state
constitution; or by the counties pursuant to their respective charters or
ordinances;
(B) To
make payments to or on behalf of public officers and employees for salaries,
fringe benefits, professional fees, or reimbursements;
(C) To
satisfy obligations that the State is required to pay by law, including paying
fees, permanent settlements, subsidies, or other claims, making refunds, and
returning funds held by the State as trustee, custodian, or bailee;
(D) For
entitlement programs, including public assistance, unemployment, and workers'
compensation programs, established by state or federal law;
(E) For
dues and fees of organizations of which the State or its officers and employees
are members, including the National Association of Governors, the National
Association of State and County Governments, and the Multi-State Tax
Commission;
(F) For
deposit, investment, or safekeeping, including expenses related to their
deposit, investment, or safekeeping;
(G) To
governmental bodies of the State;
(H) As
loans, under loan programs administered by a governmental body; and
(I) For
contracts awarded in accordance with chapter 103F;
(3) To
procure goods, services, or construction from a governmental body other than
the University of Hawaii bookstores, from the federal government, or from
another state or its political subdivision;
(4) To
procure the following goods or services which are available from multiple
sources but for which procurement by competitive means is either not
practicable or not advantageous to the State:
(A) Services
of expert witnesses for potential and actual litigation of legal matters
involving the State, its agencies, and its officers and employees, including
administrative quasi‑judicial proceedings;
(B) Works
of art for museum or public display;
(C) Research
and reference materials including books, maps, periodicals, and pamphlets,
which are published in print, video, audio, magnetic, or electronic form;
(D) Meats
and foodstuffs for the Kalaupapa settlement;
(E) Opponents
for athletic contests;
(F) Utility
services whose rates or prices are fixed by regulatory processes or agencies;
(G) Performances,
including entertainment, speeches, and cultural and artistic presentations;
(H) Goods
and services for commercial resale by the State;
(I) Services
of printers, rating agencies, support facilities, fiscal and paying agents, and
registrars for the issuance and sale of the State's or counties' bonds;
(J) Services
of attorneys employed or retained to advise, represent, or provide any other
legal service to the State or any of its agencies, on matters arising under laws
of another state or foreign country, or in an action brought in another state,
federal, or foreign jurisdiction, when substantially all legal services are
expected to be performed outside this State;
(K) Financing
agreements under chapter 37D; [and]
(L) Education materials including textbooks, supplies, implements,
tools, machinery, computers, electronic devices, or other goods related to any
education, training, or experience required for participation in an educational
program; and
[(L)] (M) Any other goods
or services which the policy board determines by rules or the chief procurement
officer determines in writing is available from multiple sources but for which
procurement by competitive means is either not practicable or not advantageous
to the State; and
(5) Which
are specific procurements expressly exempt from any or all of the requirements
of this chapter by:
(A) References
in state or federal law to provisions of this chapter or a section of this
chapter, or references to a particular requirement of this chapter; and
(B) Trade agreements, including the Uruguay Round General Agreement on Tariffs and Trade (GATT) which require certain non-construction and non‑software development procurements by the comptroller to be conducted in accordance with its terms."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050, and shall be repealed on June 30, 2026; provided that section 103D‑102, Hawaii Revised Statutes, shall be reenacted in the form in which is read on the day before the effective date of this Act.
Report Title:
DOE; Procurement; Exemptions
Description:
Provides procurement exemptions for the Department of Education for certain goods, services, and construction. Sunsets 6/30/2026. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
