Bill Text: HI HB2441 | 2010 | Regular Session | Amended
Bill Title: Procurement; 30-Day Contract Award Deadline; Gifts to the State
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-07-06 - (S) Vetoed on 07-06-10 - Returned from the Governor without approval (Gov. Msg. No. 661). [HB2441 Detail]
Download: Hawaii-2010-HB2441-Amended.html
STAND. COM. REP. NO. 2788
Honolulu, Hawaii
RE: H.B. No. 2441
H.D. 2
S.D. 1
Honorable Colleen Hanabusa
President of the Senate
Twenty-Fifth State Legislature
Regular Session of 2010
State of Hawaii
Madam:
Your Committees on Transportation, International and Intergovernmental Affairs and Water, Land, Agriculture, and Hawaiian Affairs, to which was referred H.B. No. 2441, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO PROCUREMENT,"
beg leave to report as follows:
The purpose of this measure is to establish a thirty-day deadline under the Hawaii Public Procurement Code to award contracts for projects of the Department of Hawaiian Home Lands, Department of Transportation, county boards of water supply, and county departments of housing, planning and permitting, and transportation.
Your Committees received testimony in support of this measure from the Hawaii Building and Trades Council, AFL-CIO; The Pacific Resource Partnership; General Contractors Association of Hawaii; Hawaii Laborers' Union; and the Land Use Research Foundation of Hawaii. Testimony in opposition was received from the State Procurement Office, the County of Hawaii and the County of Maui. Written testimony presented to the Committees may be reviewed on the Legislature's website.
This measure is recommended by the Task Force established pursuant to Senate Concurrent Resolution No. 132, S.D. 1, 2009, to determine the economic contributions of the construction industry in Hawaii, and to develop, propose, and recommend any state actions to preserve and create new jobs in the construction industry. Your Committees defer to the Committee on Judiciary and Government Operations, having jurisdiction over procurement matters, to consider the Task Force's recommendation.
Your Committees have amended this measure by deleting its contents and inserting a provision to exempt gifts to the State from the Hawaii Public Procurement Code, to take effect upon the measure's approval.
Your Committees find that in this period of economic downturn, the State is best served by allowing donations of material, labor, equipment, or other appropriate objects of donations to be made to the State without going through the procurement process. Your Committees further find that maintenance of donated equipment is distinct from the obtaining of the equipment in the first instance. Your Committees believe that any intangible "payment" realized by the donor, such as in the form of publicity, is too amorphous to be calculated with any certainty. Furthermore, any publicity would inspire other potential donors to do likewise. Your Committees note that a state department or agency is not required to accept a gift under this measure.
As affirmed by the records of votes of the members of your Committees on Transportation, International and Intergovernmental Affairs and Water, Land, Agriculture, and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2441, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2441, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.
Respectfully submitted on behalf of the members of the Committees on Transportation, International and Intergovernmental Affairs and Water, Land, Agriculture, and Hawaiian Affairs,
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____________________________ CLAYTON HEE, Chair |
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____________________________ J. KALANI ENGLISH, Chair |
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