Bill Text: HI SB2493 | 2016 | Regular Session | Amended
Bill Title: State Procurement Policy Board; Compliance Examinations
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Engrossed - Dead) 2016-03-17 - The committee(s) on EDB recommend(s) that the measure be deferred. [SB2493 Detail]
Download: Hawaii-2016-SB2493-Amended.html
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THE SENATE |
S.B. NO. |
2493 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
S.D. 2 |
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STATE OF HAWAII |
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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.
The state procurement policy board shall annually review and examine procurement contracts that are over $50,000 of a minimum of two executive departments, divisions, or agencies to ensure compliance with this chapter as follows:
(1) Based upon a pattern of noncompliance; or
(2) Based upon circumstances of a particular procurement that may indicate an intention to circumvent this chapter;
provided that there shall be follow-up examinations of a department, division, or agency that has been previously audited under paragraph (1) or (2).
In addition, the state procurement policy board shall select any department, division, or agency for compliance examinations to ensure compliance with this chapter, to be randomly selected or as otherwise authorized by law.
The state procurement office shall report the results 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 annually review and examine procurement contracts of at least two executive department, division, or agency contracts that are over $50,000. Requires the state procurement policy board to randomly perform compliance examinations of government purchasing agencies and examinations of agencies selected based on a pattern of agency noncompliance. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
