STAND. COM. REP. NO.  76-18

Honolulu, Hawaii

                , 2018

RE:   H.B. No. 2176

      H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

     Your Committee on Labor & Public Employment, to which was referred H.B. No. 2176 entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

The purpose of this measure is to streamline the procurement process for Department of Education contracts relating to student transportation services or facilities construction projects by:

     (1)  Barring judicial review of Department of Commerce and Consumer Affairs' (DCCA) decisions on protests to the awarding of these contracts; and

     (2)  Requiring the payment of attorney's fees and costs resulting from the delay of a contract if the denial is upheld by the DCCA hearing officer.  

The Department of the Attorney General, State Procurement Office, and Department of Education provided comments on this measure.

     Your Committee notes the concerns raised by the Department of the Attorney General (Department) regarding the constitutionality of this measure and respectfully requests that the Department provide substantive recommendations to your Committee on Judiciary, should they deliberate on this measure.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to January 1, 2050, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2176, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2176, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

____________________________

AARON LING JOHANSON, Chair