1002
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE HAWAII PUBLIC PROCUREMENT CODE. 



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

 1      SECTION 1.  Section 103D-102, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  Notwithstanding subsection (a), this chapter shall not
 
 4 apply to contracts by governmental bodies:
 
 5      (1)  Solicited or entered into before July 1, 1994, unless
 
 6           the parties agree to its application to a contract
 
 7           solicited or entered into prior to July 1, 1994;
 
 8      (2)  To disburse funds, irrespective of their source:
 
 9           (A)  For grant[,] or subsidies[, or purchases of
 
10                services] as those terms are defined in section
 
11                [42D-1,] 42F-101 made by the State in accordance
 
12                with standards provided by law as required by
 
13                article VII, section 4, of the State Constitution;
 
14                or by the counties pursuant to their respective
 
15                charters or ordinances;
 
16           (B)  To make payments to or on behalf of public
 
17                officers and employees for salaries, fringe
 
18                benefits, professional fees, or reimbursements;
 
19           (C)  To satisfy obligations that the State is required
 

 
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 1                to pay by law, including paying fees, permanent
 
 2                settlements, subsidies, or other claims, making
 
 3                refunds, and returning funds held by the State as
 
 4                trustee, custodian, or bailee;
 
 5           (D)  For entitlement programs, including public
 
 6                assistance, unemployment, and workers'
 
 7                compensation programs, established by state or
 
 8                federal law;
 
 9           (E)  For dues and fees of organizations of which the
 
10                State or its officers and employees are members,
 
11                including the National Association of Governors,
 
12                the National Association of State and County
 
13                Governments, and the Multi-State Tax Commission;
 
14           (F)  For deposit, investment, or safekeeping, including
 
15                expenses related to their deposit, investment, or
 
16                safekeeping;
 
17           (G)  To governmental bodies of the State; [and]
 
18           (H)  As loans, under loan programs administered by a
 
19                governmental body; and
 
20           (I)  For contracts awarded in accordance with the
 
21                provisions of chapter 103F;
 
22      (3)  To procure goods, services, or construction from a
 
23           governmental body other than the University of Hawaii
 

 
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 1           bookstores, from the federal government, or from
 
 2           another state or its political subdivision; provided
 
 3           that University of Hawaii departments and programs,
 
 4           without regard to this chapter, may procure goods and
 
 5           services from the University of Hawaii bookstores that
 
 6           are routinely stocked and marketed and not specially
 
 7           ordered;
 
 8      (4)  To procure goods or services for the office of
 
 9           intercollegiate athletics of the University of Hawaii
 
10           at Manoa with moneys from the University of Hawaii at
 
11           Manoa intercollegiate athletics revolving fund;
 
12      (5)  To procure goods or services, including the following:
 
13           (A)  Services of expert witnesses for potential and
 
14                actual litigation of legal matters involving the
 
15                State, its agencies, and its officers and
 
16                employees, including administrative quasi-judicial
 
17                proceedings;
 
18           (B)  Works of art for museum or public display;
 
19           (C)  Research and reference materials including books,
 
20                maps, periodicals, and pamphlets, which are
 
21                published in print, video, audio, magnetic, or
 
22                electronic form;
 
23           (D)  Meats and foodstuffs for the Kalaupapa settlement;
 

 
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 1           (E)  Opponents for athletic contests;
 
 2           (F)  Utility services whose rates or prices are fixed
 
 3                by regulatory processes or agencies;
 
 4           (G)  Performances, including entertainment, speeches,
 
 5                and cultural and artistic presentations;
 
 6           (H)  Goods and services for commercial resale by the
 
 7                State;
 
 8           (I)  Services of printers, rating agencies, support
 
 9                facilities, fiscal and paying agents, and
 
10                registrars for the issuance and sale of the
 
11                State's or counties' bonds; [and]
 
12           (J)  Travel arrangements purchased by the University of
 
13                Hawaii for its intercollegiate athletic programs;
 
14                and
 
15           (K)  Services of attorneys employed or retained to
 
16                advise, represent, or provide any other legal
 
17                service to the State or any of its agencies, on
 
18                matters arising under laws of another state or
 
19                foreign country, or in an action brought in such
 
20                jurisdictions, when substantially all legal
 
21                services are expected to be performed outside this
 
22                state; and
 
23           which the policy office determines by rule or the chief
 

 
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 1           procurement officer determines in writing is available
 
 2           from multiple sources but for which procurement by
 
 3           competitive means is either not practicable or not
 
 4           advantageous to the State; and
 
 5      (6)  Which are specific procurements expressly exempt from
 
 6           any or all of the requirements of this chapter by:
 
 7           (A)  References in state or federal law to provisions
 
 8                of this chapter or a section of this chapter, or
 
 9                references to a particular requirement of this
 
10                chapter;
 
11           (B)  Trade agreements, including the Uruguay Round
 
12                General Agreement on Tariffs and Trade (GATT),
 
13                which require certain non-construction and non-
 
14                software development procurements by the
 
15                comptroller to be conducted in accordance with its
 
16                terms."
 
17      SECTION 2.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 3.  This Act shall take effect upon its approval. 
 
20 
 
21                           INTRODUCED BY:  _______________________
 

 
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