Bill Text: HI HB2286 | 2020 | Regular Session | Amended

Hawaii House Bill 2286 (Prior Session Legislation)

Bill Title: Relating To Emergency Procurement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-12 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) McDermott excused (1). [HB2286 Detail]

Download: Hawaii-2020-HB2286-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2286
THIRTIETH LEGISLATURE, 2020		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EMERGENCY PROCUREMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 103D-307, Hawaii Revised Statutes, is amended to read as follows:

"§103D-307 Emergency procurements. (a) The head of a purchasing agency may obtain a good, service, or construction essential to meet an emergency by means other than specified in this chapter when the following conditions exist:

(1) A situation of an unusual or compelling urgency creates a threat to life, public health, welfare, or safety by reason of major natural disaster, epidemic, riot, fire, or similar events and to a lesser extent, by reason of equipment failures, repairs to public property in order to protect against further loss of, or damage to, public property, or to prevent or minimize serious disruption in continued functioning of government services, or such other reason as may be determined by the head of that purchasing agency;

(2) The emergency condition generates an immediate and serious need for goods, services, or construction that cannot be met through normal procurement methods and the government would be seriously injured if the purchasing agency is not permitted to employ the means it proposes to use to obtain the goods, services or construction; and

(3) Without the needed good, service, or construction, the continued functioning of government, the preservation or protection of irreplaceable property, or the health and safety of any person will be seriously threatened.

(b) The emergency procurement shall be made with such competition as is practicable under the circumstances [~~and, where practicable, approval from the chief procurement officer shall be obtained prior to the procurement~~]. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.

(1) A threat to life;

(2) Significant impact to ensure public access, caused by an unexpected of major natural disaster, epidemic, riot, fire; or

(3) Minimize serious disruption in continued functioning of government services,

shall account for details of the emergency, response, and money spent in making the procurement and report on the accounting of the procurement to the legislature within days after the procurement was made."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2050.

Report Title:

Emergency Procurement; Government Services

Description:

Amends section 103D-307, HRS, relating to emergency procurements, to add equipment failures, repairs to public property to protect against further loss of, or damage to public property, to prevent or minimize serious disruption in continued functioning of government services. Replaces chief procurement officer approval with an accounting report to the legislature within a certain time after the end of the fiscal year in which the procurement was made. Effective 1/1/2050. (HD1)

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