Bill Text: HI SB177 | 2010 | Regular Session | Introduced
Bill Title: Procurement; Audit; Comptroller
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB177 Detail]
Download: Hawaii-2010-SB177-Introduced.html
Report Title:
Procurement; Audit; Comptroller
Description:
Requires the state procurement office to conduct audits and follow-up audits to ensure compliance with the procurement code and report results to the legislature; makes comptroller ex-officio nonvoting member of procurement policy board.
|
THE SENATE |
S.B. NO. |
177 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
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 policy board, 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 legislature further finds that the comptroller should be an ex-officio non-voting member of the state procurement policy board to ensure the board's independence.
The purpose of this Act is to require the state procurement policy board to conduct compliance audits, and to make the comptroller an ex-officio non-voting member of the procurement policy board.
SECTION 2. Section 103D-201, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The state procurement policy board shall consist of seven members. Notwithstanding the limitations of section 78-4, the members of the board shall include:
(1) The comptroller[;] as an ex-officio
nonvoting member;
(2) A county employee with significant high-level procurement experience; and
(3) Five persons who shall not otherwise be full-time employees of the State or any county; provided that at least one member shall be a certified professional in the field of procurement, at least one member shall have significant high-level, federal procurement experience, and at least two members shall have significant experience in the field of health and human services.
Each appointed member shall have
demonstrated sufficient business or professional experience to discharge the
functions of the state procurement policy board. The initial and
subsequent members of the state procurement policy board, other than the
comptroller, shall be appointed by the governor from a list of three
individuals for each vacant position, submitted by a nominating committee
composed of four individuals chosen as follows: two persons appointed by the
governor; one person appointed by the president of the senate; and one person
appointed by the speaker of the house. Except as provided in this section, the
selection and terms of the state procurement policy board members shall
be subject to the requirements of section 26-34. No member of the state
procurement policy board shall act concurrently as a chief procurement
officer. The members of the state procurement policy board shall devote
[such] time to their duties as may be necessary for the proper discharge
thereof."
SECTION 3. Section 103D-202, Hawaii Revised Statutes, is amended to read as follows:
"§103D-202 Authority and duties of the 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 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] shall 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, through the state procurement office, shall annually audit a minimum of two executive departments, divisions, or agencies, to be randomly selected, to ensure compliance with this chapter. In addition, the state procurement policy board shall select any department, division, or agency for compliance audits:
(1) Based upon a pattern of non-compliance;
(2) Based upon circumstances of a particular procurement that may indicate an intention to circumvent this chapter; or
(3) As otherwise authorized by law;
provided that there shall be follow-up audits of a department, division, or agency that has been previously audited under paragraph (1) or (2).
The state procurement office shall report the results of all compliance audits to the legislature no later than twenty days before the convening of each regular session."
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.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
