TWENTY-SIXTH LEGISLATURE, 2011
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; [
(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shall be repealed and sections 103D-102(c) and 304A-105(b), Hawaii Revised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
,] 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.
University of Hawaii; Procurement
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)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.