THE SENATE

S.B. NO.

1332

TWENTY-SIXTH LEGISLATURE, 2011

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE UNIVERSITY OF HAWAII.

 

 

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

 

     SECTION 1.  Act 82, Session Laws of Hawaii 2010, is amended as follows:

     1.  By amending section 4 to read:

     "SECTION 4.  (a)  The board of regents of the University of Hawaii shall submit annual reports to the legislature no later than twenty days prior to the convening of the regular sessions of [2011 and] 2011, 2012, 2013, 2014, and 2015, that shall include [but not be limited to the following]:

     (1)  A description of the University of Hawaii's internal procurement process;

     (2)  A description of the University of Hawaii's internal procedures for handling protests of solicitations or awards of contracts, if different from the procedures described under chapter 103D, Hawaii Revised Statutes; [and]

     (3)  A description and summary of any protests or litigation that have arisen during the period of time that the University of Hawaii is exempt from chapter 103D, Hawaii Revised Statutes, with certain exceptions, pursuant to this Act[.];

     (4)  A description and status of projects procured during the period of time that the University of Hawaii is exempt from chapter 103D, Hawaii Revised Statutes, with certain exceptions, pursuant to this Act;

     (5)  Recommendations for best practices for procurement; and

     (6)  Any proposed legislation or recommendations to amend chapter 103D, Hawaii Revised Statutes.

     (b)  In its report to the legislature prior to the regular session of 2013, as required under subsection (a), the University of Hawaii shall also provide the legislature with information on:

     (1)  Compliance with section 304A-2690, Hawaii Revised Statutes, including:

         (A)  A list of all contracts entered into by the University of Hawaii that are exempt from chapter 103D, Hawaii Revised Statutes, with certain exceptions, pursuant to this Act;

         (B)  The amount of each contract; and

         (C)  Specific identification of which contracts either required or did not require the listing of subcontractors pursuant to section 304A-2690, Hawaii Revised Statutes; and

     (2)  Any formal or informal complaints the University of Hawaii has received from subcontractors in regard to or as a result of section 304A-2690, Hawaii Revised Statutes."

     2.  By amending section 8 to read:

     "SECTION 8.  This Act shall take effect on July 1, 2010; provided that on July 1, [2012,] 2015, this Act shall be repealed and sections 103D-102(c) and 304A-105(b), Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day prior to the effective date of this Act."

     SECTION 2.  Section 103D-102, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Notwithstanding subsection (a), this chapter shall not apply to contracts made by:

     (1)  Any regional system board of the Hawaii health systems corporation;

     (2)  The Kaho‘olawe island reserve commission, except as provided by section 6K-4.5; or

[[](3)[]] Except with respect to sections 103D-110[,] and 103D‑304 with respect to design professional services furnished by licensees under chapter 464, 103D-324, 103D-707, and 103D-1002, the university or the board of regents of the university."

     SECTION 3.  Section 304A-105, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The board of regents shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices, which shall be subject to sections 103D-110[,] and 103D-304 with respect to design professional services furnished by licensees under chapter 464, 103D-324, 103D-707, 103D-1002, 304A-2690, 304A-2691, 304A-2692, and 304A-2693.  Except as provided in this subsection, chapter 103D shall not apply to any actions or activities undertaken, conducted, or performed under authority of the board of regents or the university; provided that the board of regents and the university are encouraged to use the provisions of chapter 103D as guidelines; and provided further that in using one or more provisions of chapter 103D as guidelines, neither the board of regents nor the university shall be:

     (1)  Deemed to have waived in any way the exemption from the requirements and applicability of chapter 103D granted in this subsection; or

     (2)  Subject to any of the provisions or requirements of chapter 103D other than those provided for in this subsection."

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

     SECTION 5.  This Act shall take effect upon approval.

 

 

Report Title:

University of Hawaii; Procurement

 

Description:

Extends the exemption granted to the University of Hawaii from certain provisions of the Hawaii public procurement code to July 1, 2015.  Requires additional reporting to the legislature.  (SD1)

 

 

 

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