Bill Text - SB495 (2010)

(New Title) establishing a task force on state procurement policies and procedures.


Revision: March 26, 2010, midnight

SB 495-FN – AS AMENDED BY THE SENATE

03/10/10 0879s

2010 SESSION

10-2881

05/10

SENATE BILL 495-FN

AN ACT establishing a task force on state procurement policies and procedures.

SPONSORS: Sen. Cilley, Dist 6; Rep. Nord, Rock 1

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill establishes a task force on state procurement policies and procedures.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/10/10 0879s

10-2881

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT establishing a task force on state procurement policies and procedures.

Amend the bill by replacing all after the enacting clause with the following:

1 Task Force Established. There is established a task force on state procurement policies and procedures, the purpose of which shall be to study procurement preference systems.

2 Members.

I. The task force shall consist of the following members:

(a) The commissioner of the department of administrative services, or designee.

(b) The commissioner of the department of resources and economic development, or designee.

(c) The attorney general, or designee.

(d) The commissioner of transportation, or designee.

(e) The commissioner of the department of labor, or designee.

(f) Three representatives of New Hampshire-based businesses, appointed by the governor, to include:

(1) One representative of the Associated General Contractors of New Hampshire.

(2) One representative of the New Hampshire/Vermont chapter of the Associated Builders and Contractors, Inc.

(g) Three representatives of organized labor, appointed by the governor, to include:

(1) One representative of the New Hampshire AFL-CIO.

(2) One representative of the State Employees’ Association of New Hampshire, Inc.

(3) One representative of the New Hampshire State Building and Construction Trades Council.

(h) One public member, appointed by the governor.

(i) Two members of the house of representatives, appointed by the speaker of the house of representatives.

(j) Two members of the senate, appointed by the senate president.

II. Members of the task force shall serve without compensation; except that legislative members of the task force shall receive mileage at the legislative rate when attending to the duties of the task force.

3 Duties and Recommendations.

I. The task force shall:

(a) Review all state procurement policies and procedures, seeking input from New Hampshire businesses and workers.

(b) Review procurement preference systems in other states.

(c) Consider whether the state's procurement procedures or policies present unnecessary barriers that prevent New Hampshire-based businesses, particularly small businesses, from competing for state contracts.

(d) Consider whether state procurement procedures should award preferences to New Hampshire-based businesses bidding on state contracts and assess any constitutional or legal limitations on such preferences.

(e) Consider whether state procurement procedures should award preferences to companies providing sustainable wages and health insurance to their workers.

(f) Solicit testimony from members of the public and others with information and expertise relevant to the task force’s study.

II. In making its recommendation, the task force shall consider:

(a) The potential for increased costs incurred by the state as the result of giving a preference to New Hampshire based companies or those offering sustainable wages and benefits.

(b) The potential for cost savings or other state benefits resulting from implementation of a procurement preference system.

(c) Whether such policies could have a negative impact on New Hampshire-based businesses competing for contracts in other states.

(d) Whether adoption of a procurement preference system should be limited to certain goods and services.

(e) The type of preference, if any, that may be offered to businesses that are based in New Hampshire or that provide sustainable wages and health insurance to their workers.

(f) Guidelines or criteria for determining what constitutes a New Hampshire-based business.

4 Chairperson; Quorum. The members of the task force shall elect a chairperson from among the members. The first meeting of the task force shall be called by the first-named senate member and shall be held within 45 days of the effective date of this section. Nine members of the task force shall constitute a quorum.

5 Report. The task force shall submit its findings and recommendations, including any recommendations for further legislation, to the senate president, the speaker of the house of representatives, the governor, and the state library on or before November 1, 2011.

6 Effective Date. This act shall take effect upon its passage.

LBAO

10-2881 Amended 03/23/10

SB 495 FISCAL NOTE

AN ACT establishing a task force on state procurement policies and procedures.

FISCAL IMPACT:

      The Department of Administrative Services states this bill, as amended by the Senate (Amendment #2010-0879s), will have no fiscal impact on state, county, and local revenue or expenditures.

METHODOLOGY:

    The Department of Administrative Services states this bill creates a task force to review various procurement policies and procedures and to make recommendations regarding any proposed modifications to the state procurement process. The Department does not anticipate any impact to state, county, and local expenditures as a result.