Bill Text: HI SB991 | 2014 | Regular Session | Amended

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Bill Title: Procurement

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB991 Detail]

Download: Hawaii-2014-SB991-Amended.html

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THE SENATE	S.B. NO.	991
TWENTY-SEVENTH LEGISLATURE, 2013		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO PROCUREMENT.

 

 

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

 

     SECTION 1.  The convenience of modern society has provided people with a variety of inexpensive food choices but it has eliminated our connection to and understanding of where food comes from, resulting in less healthful eating and a distancing from natural food sources.

     A report made to the twenty-sixth legislature in response to Senate Concurrent Resolution No. 121, S.D. 1, H.D. 1, regular session of 2009, through the collaboration of private, public, and nonprofit entities, pointed to the problems of food insecurity and growing obesity rates that the State of Hawaii is facing.  One in every three children born in the year 2000 is expected to develop diabetes and the 2003 food security task force report found that over nineteen per cent of Hawaii residents live in food insecure households.  Food insecurity is defined in that report as "whenever the availability of nutritionally adequate and safe foods or the ability to acquire acceptable foods in socially acceptable ways is limited or uncertain".  Supporting local agriculture through initiatives like a farm-to-school program can serve to combat both of these problems.

     Increasing the consumption of locally grown foods will ensure that fresh, high quality produce is available for healthy meals in schools, hospitals, and correctional facilities throughout the State.  The increased revenue for local farmers will reverse the trend of farmers struggling to break even, and will place agriculture at the forefront as a driving economic force providing job creation and food security for our State.  Furthermore, the availability of local produce will ensure our children eat the highest quality food that will nourish their bodies, enhance their educational experience, and cultivate long-term healthy habits.

     The purpose of this Act is to amend section 103D-102, Hawaii Revised Statutes, to ease the process required for governmental bodies to acquire local agricultural commodities.

     SECTION 2.  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 or subsidies as those terms are 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)  Fresh meat, fresh produce, animals, and plants for use by any governmental body; 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 3.  Section 103D-104.5, Hawaii Revised Statutes, is repealed.

     ["[§103D-104.5]  Agricultural products subject to this chapter.  The following agricultural products shall be subject to this chapter:

     (1)  Fresh meats and produce; and

     (2)  Animals and plants.

Except for the exemptions under section 103D-102(b), no exemptions under this chapter shall apply to this section."]

     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:

Procurement

 

Description:

Exempts the purchase of fresh meats and produce and animals and plants by any governmental body from the Hawaii Public Procurement Code.  Effective 07/01/50.  (SD2)

 

 

 

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