Bill Text: HI SB2602 | 2018 | Regular Session | Amended
Bill Title: Relating To Procurement.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Engrossed - Dead) 2018-03-23 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) C. Lee, Lowen, McDermott, Souki, Tokioka excused (5). [SB2602 Detail]
Download: Hawaii-2018-SB2602-Amended.html
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THE SENATE |
S.B. NO. |
2602 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO PROCUREMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the state procurement office, in order to fully discharge its responsibilities, must take further steps to ensure compliance with chapter 103D, Hawaii Revised Statutes, by the executive agencies.
The purpose of this Act is to require the state procurement policy board to conduct compliance examinations.
SECTION 2. Section 103D-202, Hawaii Revised Statutes, is amended to read as follows:
"§103D-202 Authority and duties of the state procurement policy board. (a) Except as otherwise provided in this chapter, the state procurement policy board shall have the authority and responsibility to adopt rules, consistent with this chapter, governing the procurement, management, control, and disposal of any and all goods, services, and construction. All rules shall be adopted in accordance with chapter 91; provided that the state procurement policy board shall have the power to issue interim rules by procurement directives, which shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91. The interim rules shall be effective for not more than eighteen months.
(b) The state procurement policy board shall consider and decide matters of policy within the scope of this chapter including those referred to it by a chief procurement officer.
(c) The state procurement policy board shall have the power to audit and monitor the implementation of its rules and the requirements of this chapter, but shall not exercise authority over the award or administration of any particular contract, or over any dispute, claim, or litigation pertaining thereto.
(d) The state procurement policy board shall conduct
annual compliance examinations of procurement contracts that are over $50,000
of a minimum of executive
departments, divisions, or agencies to ensure compliance with this chapter. The state procurement policy board shall
select the departments, divisions, or agencies to be reviewed as follows:
(1) Based upon a
pattern of noncompliance; or
(2) Based upon circumstances
of a particular procurement that may indicate an intent to circumvent this
chapter;
provided that the state procurement policy board
shall conduct follow-up examinations of a department, division, or agency that
has been previously examined under paragraph (1) or (2).
(e)
In addition to the departments, divisions, or agencies
subject to review pursuant to subsection (d), the state procurement policy
board shall select any department, division, or agency for a compliance
examination to ensure compliance with this chapter; provided that the selection
may be random or as otherwise authorized by law.
(f) The state procurement office shall report its findings of all compliance examinations to the legislature no later than twenty days before the convening of each regular session."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
State Procurement Policy Board; Compliance Examinations
Description:
Requires the State Procurement Policy Board to conduct annual compliance examinations of procurement contracts that are over $50,000 of an unspecified minimum number of executive departments, divisions, or agencies. Requires the State Procurement Policy Board to also select any department, division, or agency for a compliance examination to ensure compliance with the State Procurement Code. Requires the State Procurement Office to report its findings to the legislature. (SB2602 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
