| 47 | | - | SECTION 1. The legislature finds that it is a matter of statewide concern that the president of the university of Hawaii serves simultaneously as the chief procurement officer for the university of Hawaii system. The president of the system simultaneously serving as the chief procurement officer leads to inevitable conflicts of interest. The legislature further finds that across the United States, the vast majority of public higher education institutions, including the California State University system, University of Massachusetts system, and University of Oregon system, differentiate between institutional leadership and purchasing when assigning the authority over procurement. While the chief procurement officer for the Colorado State University system possesses authority over system purchasing and procurement as well as direct oversight over Colorado's institutions of higher learning, there were no instances in institutions across the country in which a university president is concurrently named as chief procurement officer. Accordingly, the purpose of this Act is to: (1) Designate the vice president for budget and finance and chief financial officer of the university of Hawaii as the chief procurement officer for the university of Hawaii; (2) Appropriate funds to effectuate the transfer of duties of chief procurement officer to the vice president for budget and finance and chief financial officer of the university of Hawaii; and (3) Authorize the issuance of general obligation bonds and appropriate the revenues generated therefrom to the university of Hawaii to renew, improve, and modernize facilities systemwide. SECTION 2. Section 103D-203, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) The chief procurement officer for each of the following state entities shall be: (1) The judiciary--the administrative director of the courts; (2) The senate--the president of the senate; (3) The house of representatives--the speaker of the house of representatives; (4) The office of Hawaiian affairs--the chairperson of the board; (5) The [University] university of Hawaii--[the president of the University of Hawaii;] the vice president for budget and finance and chief financial officer of the university of Hawaii; (6) The department of education, excluding the Hawaii public library system--the superintendent of education; (7) The Hawaii health systems corporation--the chief executive officer of the Hawaii health systems corporation; and (8) The remaining departments of the executive branch of the State and all governmental bodies administratively attached to them--the administrator of the state procurement office of the department of accounting and general services." 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to effectuate the transfer of duties of chief procurement officer from the president of the university of Hawaii to the vice president for budget and finance and chief financial officer of the university of Hawaii. The sums appropriated shall be expended by the university of Hawaii for the purposes of this Act. SECTION 4. The director of finance is authorized to issue general obligation bonds in the sum of $20,000,000 or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2023-2024 to university of Hawaii, systemwide support (UOH900) to renew, improve, and modernize facilities. The sum appropriated shall be expended by the university of Hawaii for the purposes of this section; provided that the moneys appropriated shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided further that all moneys from the appropriation unencumbered as of June 30, 2026, shall lapse as of that date. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 2050; provided that the amendments made to section 103D-203(a), Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on June 30, 2024, pursuant to section 16 of Act 8, Special Session Laws of Hawaii 2021. |
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| 47 | + | SECTION 1. The legislature finds that it is a matter of statewide concern that the president of the University of Hawaii serves simultaneously as the chief procurement officer for the University of Hawaii system. The president of the system simultaneously serving as the chief procurement officer leads to inevitable conflicts of interest. The legislature further finds that across the United States, the vast majority of public higher education institutions, including the California State University system, University of Massachusetts system, and University of Oregon system, differentiate between institutional leadership and purchasing when assigning the authority over procurement. While the chief procurement officer for the Colorado State University system possesses authority over system purchasing and procurement as well as direct oversight over Colorado's institutions of higher learning, there were no instances in institutions across the country in which a university president is concurrently named as chief procurement officer. Accordingly, the purpose of this Act is to: (1) Designate the vice president for budget and finance and chief financial officer of the University of Hawaii as the chief procurement officer for the University of Hawaii; (2) Appropriate funds to effectuate the transfer of duties of chief procurement officer to the vice president for budget and finance and chief financial officer of the University of Hawaii; and (3) Appropriate funds for repair and maintenance of University of Hawaii campus buildings and infrastructure, as procured by the chief procurement officer of the University of Hawaii. SECTION 2. Section 103D-203, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) The chief procurement officer for each of the following state entities shall be: (1) The judiciary--the administrative director of the courts; (2) The senate--the president of the senate; (3) The house of representatives--the speaker of the house of representatives; (4) The office of Hawaiian affairs--the chairperson of the board; (5) The University of Hawaii--[the president of the University of Hawaii;] the vice president for budget and finance and chief financial officer of the University of Hawaii; (6) The department of education, excluding the Hawaii public library system--the superintendent of education; (7) The Hawaii health systems corporation--the chief executive officer of the Hawaii health systems corporation; and (8) The remaining departments of the executive branch of the State and all governmental bodies administratively attached to them--the administrator of the state procurement office of the department of accounting and general services." 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to effectuate the transfer of duties of chief procurement officer from the president of the University of Hawaii to the vice president for budget and finance and chief financial officer of the University of Hawaii. The sums appropriated shall be expended by the University of Hawaii for the purposes of this Act. SECTION 4. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for repair and maintenance of University of Hawaii campus buildings and infrastructure. The sums appropriated shall be expended by the University of Hawaii for the purposes of this Act. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 2050; provided that the amendments made to section 103D-203(a), Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on June 30, 2024, pursuant to section 16 of Act 8, Special Session Laws of Hawaii 2021. |
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