THE SENATE	S.B. NO.	2495
TWENTY-EIGHTH LEGISLATURE, 2016		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PROCUREMENT.

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

     SECTION 1.  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)  The state procurement office, in cooperation with the department of human resources development, shall develop and maintain a procurement practices training and development program for procurement officers of [the State and the several counties,] any governmental body, to ensure that an agency's 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 that each procurement officer shall attend within sixty days of being appointed or named to the position of procurement officer of any governmental body and follow-up training and development sessions[.] that each procurement officer of any governmental body, or the officer's designee, shall attend, as determined 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)  Each state procurement officer of a department of the executive branch shall attend a mandatory fundamental training and development session within sixty days of being appointed or named to the position of procurement officer.

(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 subsection (b).

     [(e)] (d)  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 first receive, in writing, permission from the state procurement office to be excused from the session.

(e)  By December 31 of each year, the chief procurement officer, or the officer's designee, of each jurisdiction shall submit, in the form and manner prescribed by the state procurement office, a list of the jurisdiction's procurement officers and which procurement officers, if any, have failed to comply with this section; provided that a procurement officer who fails to submit their name and evidence of training compliance to the State Procurement Office shall no longer have the authority to procure."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Procurement Officers; Education and Training

Description:

Requires every government procurement officer to attend initial training by the state procurement office and regular follow-up training as determined by the state procurement office.  Requires the chief procurement officer to submit a list of the jurisdiction's procurement officers and which procurement officers, if any, have failed to comply with training requirements; provided that a procurement officer who fails to submit their name and evidence of training compliance to the State Procurement Office shall no longer have the authority to procure.  (SD1)

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