SB2329

Report Title:

Privatization of Government Services; Managed Competition

 

Description:

Requires government agencies to attempt to use a system of public-private managed competition before contracting with a private entity for services.

THE SENATE	S.B. NO.	2329
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to government.

 

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

SECTION 1. Act 90, Session Laws of Hawaii 2001, section 2, is amended by amending subsection (a) of the new section   -2 entitled "Determination; standards" to read as follows:

"(a) Notwithstanding any law to the contrary, including but not limited to chapters 46, 76, 77, 78, 89, and 89A, any other applicable civil service law, customary or historical past practices, or the fact that the services hereinafter described may have been performed by persons or positions in civil service, any state or county official in whom procurement authority is vested by law may enter into a contract financed by public funds, with a private entity to obtain services, including services provided in conjunction with the procurement of goods or construction, from a private entity, when there is reasonable basis to believe that the service of equivalent or better quality than that which could be provided by a government agency can be provided at lower cost[.]; provided that prior to contracting with a private entity for services, the contracting agency shall attempt to obtain the services through a public-private managed competition system pursuant to chapters 46 and 89A."

SECTION 2. No contract between the State or a county and a private entity that was authorized or subject to Act 90, Session Laws of Hawaii 2001, in existence on the effective date of this Act shall be impaired or diminished by the enactment of this Act.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________