STAND. COM. REP. NO. 2755
Honolulu, Hawaii
RE: S.B. No. 2842
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirtieth State Legislature
Regular Session of 2020
State of Hawaii
Sir:
Your Committee on Government Operations, to which was referred S.B. No. 2842 entitled:
"A BILL FOR AN ACT RELATING TO EMERGENCY PROCUREMENT,"
begs leave to report as follows:
The purpose and intent of this measure is to authorize
emergency procurements in situations such as equipment failure and repairs to
public property that are necessary to protect against further loss or damage to
public property, or to prevent or minimize serious disruptions in government
services. This measure also removes the
need for approval of the Chief Procurement Officer for these emergency
procurements, provided that an accounting report is submitted to the Legislature
within sixty days after the end of the fiscal year in which the emergency
procurement was made.
Your Committee received testimony in support
of this measure from the Department of Accounting and General Services, Department
of Agriculture, and the Department of Transportation. Your Committee received comments on this
measure from the State Procurement Office.
Your Committee finds that the proposed language
of this measure aligns with and expands the current emergency procurement statute
to add situations of an unusual or compelling urgency such that without the
continued government service, there would be a threat to life, public health,
welfare, and/or safety. This measure
also allows greater flexibility and efficiency for the appropriate department
or agency to directly address the need, determine and perform appropriate
action, and close out financial obligations to restore the conditions of the property
or operation against further loss, damage, or serious disruptions in essential government
services.
Your Committee has amended this measure by:
(1) Defining situations where emergency procurement is necessary, such as equipment failure and repairs to public property, and more specifically, as recommended by the Department of Accounting and General Services, as situations of significant impact to ensure public access caused by any unexpected major national disaster, epidemic, riot, or fire, or to minimize serious disruption in government functioning;
(2) Requiring
a report to the Legislature to be submitted within sixty days of the event for
which the procurement was made;
(3) Including
the procurement of emergency construction, in addition to goods and services allowed
in section 103D‑102(b)(4), Hawaii Revised Statutes, as suggested by
the State Procurement Office;
(4) Making
it effective upon its approval; and
(5) Making
technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2842, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2842, S.D. 1, and be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Government Operations,
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________________________________ LAURA H. THIELEN, Chair |
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