Report Title:

Playground Equipment

 

Description:

Exempts the DOE from the Hawaii Public Procurement Code if the procurement is for playground equipment and surfacing, and if the amount of the procurement is less than $50,000.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

107

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the procurement of playground equipment and surfacing by the department of education.

 

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

SECTION 1. The legislature finds that the cost of purchasing playground equipment that is safe and accessible, and of installing surfacing that will cushion falls from the same, easily exceeds $25,000. Consequently, the procurement of goods, services, and construction for playground equipment and surfacing is subject to the time-consuming and costly competitive sealed bidding requirements of the Hawaii Public Procurement Code. In addition to initially not having enough money to replace condemned playground equipment, the department of education is now having to contend with the additional fiscal and labor burdens of complying with the procurement code. In this specific instance, the legislature believes that the department's limited resources should be used to purchase playground equipment and install surfacing, rather than comply with the procurement code.

The purpose of this Act is to exempt the department of education from the Hawaii Public Procurement Code if a procurement is for playground equipment and surfacing, and if the amount of the procurement is less than $50,000.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Playground equipment; exemption from Hawaii public procurement code. (a) Chapter 103D shall not apply to the procurement of goods, services, and construction by the department if the procurement is for playground equipment and surfacing and if the amount of the procurement is less than $50,000; provided that:

(1) The superintendent shall develop internal policies and procedures for the procurement of goods, services, and construction for playground equipment and surfacing, consistent with the goals of public accountability and public procurement practices;

(2) Multiple expenditures shall not be created at the inception of a transaction or project so as to evade the requirements of chapter 103D; and

(3) Procurement requirements shall not be artificially divided or parceled so as to evade the requirements of chapter 103D.

(b) Schools shall account for funds expended for the procurement of goods, services, and construction under this section, and this accounting shall be available to the public."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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