REPORT TITLE:
Government Operations


DESCRIPTION:
Amends Act 230, SLH 1998, to require the special committee to
transform the State's accounting systems to report to the
legislature before each session; requires the managed process
committee to also monitor and review the process and requires
reporting to the legislature before each session; deletes
contracts prior to July 1, 2001, as being subject to review by
the managed process; deletes contracts extending beyond June 30,
2001, as not being subject to review by managed process; repeals
sunset date.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           450
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO STATE GOVERNMENT. 


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

 1      SECTION 1.  Act 230, Session Laws of Hawaii 1998, is amended
 
 2 as follows:
 
 3      1.  By amending section 5 to read:
 
 4      "SECTION 5.  The committee shall submit annual reports of
 
 5 its plans, recommendations, and implementing actions to the
 
 6 legislature no fewer than fifteen days before the convening of
 
 7 [the] each regular [sessions of 1999, 2000, and 2001.] session."  
 
 8      2.  By amending section 6 to read:
 
 9      "SECTION 6.  There is created a committee that shall
 
10 develop, monitor, and review a managed process that enables state
 
11 and county governments to implement public-private competition
 
12 for government services through the managed process that
 
13 determines whether a particular service can be provided more
 
14 efficiently, effectively, and economically by a public agency or
 
15 a private enterprise.  The managed process shall consider all
 
16 relevant costs, identify the types of contracts which may be
 
17 exempt from the managed process, establish protections for the
 
18 affected state and county employees, and ensure that civil
 
19 service laws, merit principles, and collective bargaining laws
 

 
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 1 are not violated.  The committee members shall be appointed by
 
 2 the governor within sixty days from the date of this Act.
 
 3      The members of the committee shall include:
 
 4      (1)  The director of finance;
 
 5      (2)  The comptroller;
 
 6      (3)  The director of human resources development;
 
 7      (4)  One representative from each of the four major counties
 
 8           to be appointed by the respective mayors;
 
 9      (5)  Two public-sector union representatives;
 
10      (6)  One private-sector union representative;
 
11      (7)  Two representatives for private-sector businesses; and
 
12      (8)  One representative for nonprofit organizations that is
 
13           a recipient or is entitled to be a recipient under
 
14           chapters 42D and 42F, Hawaii Revised Statutes.
 
15      The committee shall elect a chairperson and vice-chairperson
 
16 from among its members.  A majority of the members shall
 
17 constitute a quorum.  The department of accounting and general
 
18 services shall provide administrative support for the committee.
 
19 Members of the committee shall serve without compensation.  The
 
20 committee shall submit its report, including its recommendations
 
21 for statutory changes to civil service laws and such other laws
 
22 as may be necessary to implement the managed process, to the
 
23 legislature not less than twenty days prior to the convening of
 

 
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 1 [the 1999] each regular session of the legislature."
 
 2      3.  By amending subsections (b) and (c) of section 14 to
 
 3 read:
 
 4      "(b)  All new contracts for goods, services, or construction
 
 5 which are entered into by the State or county after the effective
 
 6 date of this Act [and prior to July 1, 2001, which extend beyond
 
 7 June 30, 2001,] shall include a provision stating that the
 
 8 contract, during its term, is subject to a single review by the
 
 9 State or county pursuant to the managed process in Part III,
 
10 Section 6.  Pursuant to the managed process review, the contract
 
11 may be canceled, renegotiated, continued, or extended by the
 
12 State or county.  All of these contracts shall continue to be
 
13 exempt from civil service laws, merit principles, and collective
 
14 bargaining laws for the duration of the contract even if a
 
15 managed process is not implemented.
 
16      (c)  All contracts for goods, services, or construction
 
17 which are entered into by the State or county on or before the
 
18 effective date of this Act[, including contracts which extend
 
19 beyond June 30, 2001,] shall not be subject to review by the
 
20 State or county pursuant to the managed process in Part III,
 
21 Section 6.  All of these contracts shall continue to be exempt
 
22 from civil service laws and merit principles for the duration of
 
23 the contract."
 

 
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 1      4.  By amending section 17 to read:
 
 2      "SECTION 17.  This Act shall take effect upon approval[;
 
 3 provided that Part III and IV shall be repealed on
 
 4 June 30, 2001]."
 
 5      SECTION 2.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 3.  This Act shall take effect upon its approval.
 
 8 
 
 9                           INTRODUCED BY:  _______________________