Bill Text: HI SB22 | 2010 | Regular Session | Amended

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Bill Title: State of Hawaii; Jurors

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-17 - (S) The committee on WAM deferred the measure. [SB22 Detail]

Download: Hawaii-2010-SB22-Amended.html

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THE SENATE	S.B. NO.	22
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 1
STATE OF HAWAII		Proposed

A BILL FOR AN ACT

 

 

RELATING TO THE STATE OF HAWAII.

 

 

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

 

     Section 1.  The purpose of this Act is to facilitate the use of funds awarded pursuant to the American Recovery and Reinvestment Act of 2009, P.L. 111-5, by increasing the small purchase thresholds for the procurement of goods and services.  This Act also establishes additional reporting requirements for the procurement of goods and services under this Act, as well as authorizes the legislative federal economic stimulus program oversight commission to monitor the amended procurement practices.  Additionally, this Act removes the requirement that a sealed bid include a list of the nature and scope of the work to be performed by each subcontractor and joint contractor.

     SECTION 2.  Act 150, Session Laws of Hawaii 2009, is amended as follows:

     1.  By adding two new sections to read:

     "SECTION 4A.  (a)  Notwithstanding any provision of law to the contrary, including chapter l03D, Hawaii Revised Statutes, procurements of $750,000 or less for goods and services shall be treated as small purchases under section l03D-305, Hawaii Revised Statutes.

     (b)  Notwithstanding any provision of law to the contrary, including chapter l03D, Hawaii Revised Statutes, construction contracts of less than $750,000 shall be treated as small purchases under section 103D-305, Hawaii Revised Statutes; provided that each construction contract shall require a performance bond to be secured and delivered to the purchasing agency that is in a form prescribed by the rules of the policy board, executed by a surety company authorized to do business in this State, or otherwise secured in a manner satisfactory to the purchasing agency, in an amount equal to one hundred per cent of the price specified in the contract.

     (c)  All contracts entered into, or commencement of any established procedure prior to entering into a contract, including a bid solicitation, under statutes or portions of statutes affected by this Act, shall continue to be honored until their termination.  The provisions of this Act shall not be applied so as to impair any contract existing as of the effective date of this Act or to otherwise violate the provisions of either the Hawaii constitution or the United States Constitution.

     (d)  The names of all vendors, contractors, or service providers, a brief description of the contract, and the amount of each contract awarded shall be submitted to the legislative federal economic stimulus program oversight commission in a monthly report regarding every contract with a total value of $25,000 or more awarded under the increased small purchase dollar ceilings pursuant to this Act or pursuant to a suspension of any statute, rule, or order in the exercise of the governor's powers.

     SECTION 4B.  If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable."

     2.  By amending section 6 to read:

     "SECTION 6.  (a)  There is established a legislative federal economic stimulus program oversight commission, to be comprised of eleven members, as follows:

     (1)  Six voting members:

         (A)  One member of the senate, to be appointed by the president of the senate;

         (B)  One member of the house of representatives to be appointed by the speaker of the house of representatives; and

         (C)  Four members of the public, representing citizens and local government, one each to be appointed by the president of the senate, speaker of the house of representatives, senate minority leader, and house of representatives minority leader; and

     (2)  Five non-voting members, one each appointed by:

         (A)  Each member of Hawaii's congressional delegation; and

         (B)  The governor.

     The voting members of the commission shall elect the chairperson of the commission.

     (b)  Legislative staff offices as determined by the president of the senate and the speaker of the house of representatives shall provide administrative assistance to the commission.

     (c)  In providing oversight of the distribution of any federal economic stimulus program funds and the implementation of program expenditures, the commission may:

     (1)  Evaluate the coordination of federal stimulus funded programs within the State;

     (2)  Determine if criteria developed for setting priorities are being followed;

     (3)  Determine the adequacy of public notice and opportunity for public comment and input;

     (4)  Evaluate the transparency of the bidding and the contracting process;

     (5)  Evaluate the integrity of the distribution and expenditure of federal stimulus funded programs;

     (6)  Determine the extent to which duplication and waste is prevented; [and]

     (7)  Monitor contracts awarded pursuant to the small purchase exemption established under this Act; and

    [(7)] (8)  Undertake any other tasks or efforts to ensure the integrity and fairness of the distribution and expenditure of all funds and implementation of all programs.

     (d)  Executive branch agencies shall provide information on the receipt and expenditure of federal economic stimulus program funds upon request of the commission.

     (e)  The commission may request specific audit services from the state auditor.

     (f)  For the purposes of this section, "commission" means the legislative federal economic stimulus program oversight commission."

     SECTION 3.  Section 103D-302, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  An invitation for bids shall be issued, and shall include a purchase description and all contractual terms and conditions applicable to the procurement.  If the invitation for bids is for construction, it shall specify that all bids include the name of each person or firm to be engaged by the bidder as a joint contractor or subcontractor in the performance of the contract [and the nature and scope of the work to be performed by each].  Construction bids that do not comply with this requirement may be accepted if acceptance is in the best interest of the State and the value of the work to be performed by the joint contractor or subcontractor is equal to or less than one per cent of the total bid amount."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Procurement; Small Purchase Exception; Legislative Federal Economic Stimulus Program Oversight Commission

 

Description:

Increases the small purchase procurement exception dollar ceiling temporarily.  Authorizes the legislative federal economic stimulus program oversight commission to monitor contracts awarded under the procurement exception. Amends requirements for the competitive sealed bids process.  (SD1 Proposed)

 

 

 

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