Bill Text: HI HB2176 | 2018 | Regular Session | Amended
Bill Title: Relating To Education.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Engrossed - Dead) 2018-04-23 - Received notice of Senate conferees (Sen. Com. No. 827). [HB2176 Detail]
Download: Hawaii-2018-HB2176-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2176 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part VI, subpart A, to be appropriately designated and to read as follows:
"§302A- Facility construction and renovation
contracts. (a) Notwithstanding any other law to the
contrary, contracts made by the State for the procurement of construction of a
new department facility or renovation of an existing department facility shall
be exempt from part VII of chapter 103D; provided that any contract awarded
shall comply with the requirements established by this section.
(b) Notwithstanding any conflicting provision under chapter 103D, the department shall request bids, proposals, or submissions from prospective contractors to provide services for the construction of a new department facility or renovation of an existing department facility. Following the closing of the submission period, the department shall review the bids, proposals, or submissions and prepare a written recommendation regarding the award of the contract or contracts. The recommendation shall be submitted to the superintendent and made available to the public. The written recommendation shall not be binding on the department and shall not be construed as a decision.
(c) Within thirty days after the recommendation
has been made available to the public pursuant to subsection (b), any person
may submit comments to the superintendent. The superintendent shall review the comments
and may publicly respond to any comment.
During or following the close of the public comment period, the
superintendent may request another written recommendation from the department. An additional comment period shall be provided
if an additional written recommendation is requested by the superintendent.
(d) No less than five days after the close of the last comment period provided under subsection (c), the superintendent shall award the contract. The award shall constitute the decision of the department. The award of the contract by the superintendent shall be final and conclusive. Protest or judicial review of the award of a contract under this section shall be prohibited."
SECTION 2. Section 302A-407, Hawaii Revised Statutes, is amended to read as follows:
"§302A-407 School bus
contracts. (a) Notwithstanding any other law to the
contrary, contracts made by the State for the procurement of transportation
pursuant to section 302A-406 shall be exempt from part VII of chapter 103D;
provided that any contract awarded shall comply with the requirements
established by this section.
(b) Notwithstanding any conflicting provision under chapter 103D, no less than once every years, the department shall request bids, proposals, or submissions from prospective contractors to provide transportation to school children pursuant to section 302A-406. Following the closing of the submission period, the department shall review the bids, proposals, or submissions and prepare a written recommendation regarding the award of the contract or contracts. The recommendation shall be submitted to the superintendent and made available to the public. The written recommendation shall not be binding on the department and shall not be construed as a decision.
(c) Within thirty days after the recommendation
has been made available to the public pursuant to subsection (b), any person
may submit comments to the superintendent. The superintendent shall review the comments
and may publicly respond to any comment.
During or following the close of the public comment period, the
superintendent may request another written recommendation from the department. An additional comment period shall be provided
if an additional written recommendation is requested by the superintendent.
(d)
No less than five days after the close of the last comment period
provided under subsection (c), the superintendent shall award the
contract. The award shall constitute the
decision of the department. The award of
the contract by the superintendent shall be final and conclusive. Protest or judicial review of the award of a
contract under this section shall be prohibited.
[(a)] (e) Any school bus contract between the State and
the contractor shall include a provision requiring the contractor to equip the
contractor's vehicles with the signs and visual signals described in section
291C-95(d) and (g). The contract shall
also include other provisions as may be deemed necessary by the State for the
safety of school bus passengers and shall include provisions requiring
compliance with the rules and standards described in section 286-181.
[(b)] (f) All moneys received from students and parents
or guardians of students by public schools for state-provided school busing
services, as authorized by section 302A-406, shall be deposited into the school
bus fare revolving fund. Except as
otherwise provided by the legislature, expenditures for the operation of
state-contracted school bus services, as authorized by section 302A-406, shall
be made from this fund."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
DOE; Procurement Contracts; Student Transportation; Construction; Protest Adjudication
Description:
Establishes a process for awarding Department of Education contracts for student transportation services and facility construction that includes public comment. Prohibits protests and judicial review of contract awards made pursuant to the process. (HB2176 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
