HOUSE OF REPRESENTATIVES	H.B. NO.	2176
TWENTY-NINTH LEGISLATURE, 2018		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EDUCATION.

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

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part VI, subpart A, to be appropriately designated and to read as follows:

"§302A-   Facility construction and renovation contracts. (a) Notwithstanding any other law to the contrary, contracts made by the State for the procurement of construction of a new department facility or renovation of an existing department facility shall be exempt from part VII of chapter 103D; provided that any contract awarded shall comply with the requirements established by this section.

(b) Notwithstanding any conflicting provision under chapter 103D, the department shall request bids, proposals, or submissions from prospective contractors to provide services for the construction of a new department facility or renovation of an existing department facility. Following the closing of the submission period, the department shall review the bids, proposals, or submissions and prepare a written recommendation regarding the award of the contract or contracts. The recommendation shall be submitted to the superintendent and made available to the public. The written recommendation shall not be binding on the department and shall not be construed as a decision.

(c) Within thirty days after the recommendation has been made available to the public pursuant to subsection (b), any person may submit comments to the superintendent. The superintendent shall review the comments and may publicly respond to any comment. During or following the close of the public comment period, the superintendent may request another written recommendation from the department. An additional comment period shall be provided if an additional written recommendation is requested by the superintendent.

(d) No less than five days after the close of the last comment period provided under subsection (c), the superintendent shall award the contract. The award shall constitute the decision of the department. The award of the contract by the superintendent shall be final and conclusive. Protest or judicial review of the award of a contract under this section shall be prohibited."

SECTION 2. Section 302A-407, Hawaii Revised Statutes, is amended to read as follows:

"§302A-407 School bus contracts. (a) Notwithstanding any other law to the contrary, contracts made by the State for the procurement of transportation pursuant to section 302A-406 shall be exempt from part VII of chapter 103D; provided that any contract awarded shall comply with the requirements established by this section.

(b) Notwithstanding any conflicting provision under chapter 103D, no less than once every       years, the department shall request bids, proposals, or submissions from prospective contractors to provide transportation to school children pursuant to section 302A-406. Following the closing of the submission period, the department shall review the bids, proposals, or submissions and prepare a written recommendation regarding the award of the contract or contracts. The recommendation shall be submitted to the superintendent and made available to the public. The written recommendation shall not be binding on the department and shall not be construed as a decision.

(c) Within thirty days after the recommendation has been made available to the public pursuant to subsection (b), any person may submit comments to the superintendent. The superintendent shall review the comments and may publicly respond to any comment. During or following the close of the public comment period, the superintendent may request another written recommendation from the department. An additional comment period shall be provided if an additional written recommendation is requested by the superintendent.

(d) No less than five days after the close of the last comment period provided under subsection (c), the superintendent shall award the contract. The award shall constitute the decision of the department. The award of the contract by the superintendent shall be final and conclusive. Protest or judicial review of the award of a contract under this section shall be prohibited.

[(a)] (e) Any school bus contract between the State and the contractor shall include a provision requiring the contractor to equip the contractor's vehicles with the signs and visual signals described in section 291C-95(d) and (g). The contract shall also include other provisions as may be deemed necessary by the State for the safety of school bus passengers and shall include provisions requiring compliance with the rules and standards described in section 286-181.

[(b)] (f) All moneys received from students and parents or guardians of students by public schools for state-provided school busing services, as authorized by section 302A-406, shall be deposited into the school bus fare revolving fund. Except as otherwise provided by the legislature, expenditures for the operation of state-contracted school bus services, as authorized by section 302A-406, shall be made from this fund."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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:

DOE; Procurement Contracts; Student Transportation; Construction; Protest Adjudication

Description:

Establishes a process for awarding Department of Education contracts for student transportation services and facility construction that includes public comment. Prohibits protests and judicial review of contract awards made pursuant to the process. (HB2176 HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.