Report Title:

Procurement Code

 

Description:

Overrides the rulemaking authority of the procurement policy office for administrative rules adopted since 1/1/03.  Reinstates the office's rulemaking authority on 1/1/11.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1523

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE PROCUREMENT CODE.

 

 

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

 

     SECTION 1.  The legislature finds that on March 10, 2008, the governor approved a comprehensive set of administrative rules purporting to implement the procurement code.  The legislature further finds that many of the rules actually are contrary to or exceed the scope of authority established in the statutes.

     The purpose of this Act is to override the current set of administrative rules relating to the procurement code and to reinstate on July 1, 2011, the authority of the procurement policy office to adopt rules to properly implement the procurement code.

     SECTION 2.  Section 103D-211, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The procurement policy board shall adopt all rules necessary to carry out the purposes of this chapter and to implement its provisions in accordance with chapter 91[.]; provided that the rules were adopted prior to January 1, 2003.  No rules adopted or amended on or after January 1, 2003, pertaining to this chapter shall have the force and effect of law.  The policy board shall not delegate its power to adopt rules."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     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  Statutory material to be repealed is bracketed and stricken.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  This Act shall take effect upon its approval and shall be repealed on July 1, 2011; provided that section 103D-211(a), Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act.

 

INTRODUCED BY:

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