HB1127 HD1.DOC

SECTION 1. The legislature finds that consistent application of the procurement code across various state and county procuring agencies will provide for a more competent and accountable procurement policy. The State's decentralized procurement structure and varied training requirements have resulted in inconsistent and sometimes questionable implementations of the procurement code across numerous agencies. There are twenty-one different chief procurement officers that may delegate their authority, which may lead to hundreds of state employees conducting or participating in procurements each year with little training or tracking.

The legislature further finds that the state procurement office has the responsibility for developing and administering a statewide procurement orientation and training program, as well as developing and administering procurement manuals for all state procurement officials. The legislature supports the state procurement office's efforts to implement accessible statewide training and best practices, with a phased-in training plan to meet statewide procurement needs, including additional positions for a training section and a complete learning management system.

The purpose of this Act is to require the state procurement office to provide mandatory procurement training and any additional training as the chief procurement officers may determine for all state government employees that are charged with procurement

SECTION 2. Section 103D-110, Hawaii Revised Statutes, is amended to read as follows:

"§103D-110 Education and training. [(a) The department of human resources development, either alone or in cooperation with any governmental body, including the department of labor and industrial relations, or in cooperation with other states, the federal government, or other persons may:

~~(1)~~ ~~Conduct or participate in procurement education and training for persons not employed by the State; and~~

~~(2)~~ ~~Sponsor a purchasing certification program conducted by a voluntary organization of procurement professionals.~~

~~(b)~~] (a) The state procurement office[~~, in cooperation with the department of human resources development,~~] shall develop and maintain a statewide procurement practices training and development program for all procurement officers, including deputy attorney generals executing and providing advice on procurement contracts, of all government bodies of the State and the several counties, to ensure that [~~an agency's~~] statewide procurement practices are in compliance with the procurement code and that proper procurement decisions are made consistent with this chapter. The program shall include a mandatory fundamental training and development session and follow-up training and development sessions[.], as identified by the state procurement office; provided that the state procurement office shall conduct mandatory follow-up training and development sessions under this subsection at regular intervals of at least once every twelve months.

[~~(c)~~] (b) Each [~~state procurement officer of a department of the executive branch~~] government employee delegated with procurement authority of a State or county agency shall attend a mandatory fundamental training and development session, as developed by the state procurement office, within sixty days of being delegated with procurement authority, appointed, or named to the position of procurement officer[.] of any state or county governmental body.

[~~(d)~~] (c) Each state procurement officer of a department of the executive branch whom the state procurement office determines is in need of further training and development based upon:

(1) The history of procurement compliance to this chapter by the agency to which the particular procurement officer is attached; or

(2) Any other need for training and development,

shall attend follow-up training and development sessions[.] in addition to any follow-up training and development session required under this section, as determined by the state procurement office.

(d) Each chief procurement officer may develop further training for their respective jurisdiction as necessary for any procurement officers with procurement delegation authority pursuant to their authority established in section 103D-205.

(e) Attendance by state and county procurement officers at the follow-up training and development sessions[~~, other than as required under subsection (d), and by county procurement officials at the fundamental and follow-up training and development sessions is optional, though encouraged.~~] shall be mandatory. A procurement officer who is unable to attend a follow-up or development session shall notify the state procurement office in writing, and comply with the state procurement office's direction for rescheduling the training.

(f) The chief procurement officers and executive department directors shall provide a list of employees with delegated procurement authority to the state procurement office for reporting and verification of procurement training requirements. The list of procurement officers shall be updated by the chief procurement officers by the end of each fiscal year, or more often as appropriate."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the production and development of training for all state employees with procurement authority.

The sums appropriated shall be expended by the state procurement office for the purposes of this Act.

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

SECTION 5. This Act shall take effect on July 1, 2015.

HOUSE OF REPRESENTATIVES	H.B. NO.	1127
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 1
STATE OF HAWAII