Bill Text - SB407 (2012)

(New Title) relative to the purchasing policy of the department of information technology and relative to the transfer of federal grant funds.


Revision: April 27, 2012, midnight

SB 407-FN – AS AMENDED BY THE HOUSE

03/28/12 1415s

25Apr2012… 1706h

2012 SESSION

12-3070

09/01

SENATE BILL 407-FN

AN ACT relative to the purchasing policy of the department of information technology, increasing the amount required for competitive bidding, and relative to the transfer of federal grant funds.

SPONSORS: Sen. Bradley, Dist 3

COMMITTEE: Finance

AMENDED ANALYSIS

This bill amends the purchasing policy of the department of information technology for computer hardware, software, and related support and maintenance services. The bill increases the amount required for competitive bidding. The bill also authorizes the transfer of certain federal grant funds.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/28/12 1415s

25Apr2012… 1706h

12-3070

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the purchasing policy of the department of information technology, increasing the amount required for competitive bidding, and relative to the transfer of federal grant funds.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Department of Information Technology; Duties of Commissioner. Amend RSA 21-R:4, XII to read as follows:

XII. Developing, in concert with the department of administrative services, director of plant and property management, specifications for the procurement of computer [equipment and] hardware, software, related licenses, media, documentation, support and maintenance services, and other related services.

2 Department of Information Technology; Purchasing Policy. The introductory paragraph of RSA 21-R:8-a, I is repealed and reenacted to read as follows:

I. Purchases of computer hardware, software, related licenses, media, documentation, support and maintenance services, and other related services that require an expenditure of $500 or less, or that are included on an approved standards list established by the department and require an expenditure of more than $500, up to $5,000, may be made by an agency without the approval of the chief information officer or his or her designee. To ensure that the procurement is consistent with the state information technology plan, no purchase of computer hardware, software, related licenses, media, documentation, support and maintenance services, and other related services, that requires an expenditure of more than $5,000, or any such purchase that is not included on an approved standards list established by the department which requires an expenditure of more than $500, up to $5,000, shall be made by an agency without the approval of the chief information officer or his or her designee:

3 Department of Administrative Services; Division of Plant and Property Management. Amend RSA 21-I:11, I(a) to read as follows:

(a) “Supplies” shall mean all materials, equipment, printing, furniture, furnishings, and books, of every name and nature, including computer hardware, software, related licenses, media, and documentation, and [standard off-site] support and maintenance [generally offered to the public for such computer hardware or software] services, excluding any systems that collect or store data off-site.

4 Department of Administrative Services; Division of Plant and Property Management; Purchasing Approval. Amend RSA 21-I:11, III(a) to read as follows:

(a) When the best interests of the state would be served thereby and the purchase involves a total expenditure of not more than [$2,000] $10,000 or is a purchase in an approved class;

5 Department of Administrative Services; Division of Plant and Property Management; Purchasing Approval. Amend RSA 21-I:11, IV to read as follows:

IV. Except where competitive bidding has been employed, no purchase involving an expenditure of more than [$2,000] $10,000 or purchase in an approved class may be made by the director of plant and property management without the written approval of the commissioner. In requesting such approval, the director shall first state in writing his reasons for not employing competitive bidding.

6 Department of Administrative Services; Division of Plant and Property Management. Amend RSA 21-I:11, XI-XII to read as follows:

XI. Requiring, prior to an agency's submission of a request for purchase of computer hardware, software, related licenses, media, documentation, [and standard off-site] support and maintenance [generally offered to the public for such computer hardware or software exceeding $500 in total cost] services, and other related services that either require an expenditure of more than $5,000, or involve a purchase that is not on an approved standards list established by the department of information technology which requires an expenditure of more than $500, up to $5,000, that the agency obtain approval of the proposal by the chief information officer or his or her designee to ensure that the procurement is consistent with the state information technology plan.

XII. Requiring agencies to submit the approval [from] issued under RSA 21-R:8-a, I by the chief information officer or his or her designee in support of requests for purchases of [information technology equipment or software in excess of $500] computer hardware, software, related licenses, media, documentation, support and maintenance services, and other related services that either require an expenditure of more than $5,000, or involve a purchase that is not on an approved standards list established by the department of information technology which requires an expenditure of more than $500, up to $5,000.

7 New Section; Budget and Appropriations. Amend RSA 9 by inserting after section 16-b the following new section:

9:16-c Transfer of Federal Grant Funds.

I. In order to maximize the use of federal grant funds and to avoid lapsing such funds where changes in the state or federal accounting systems, changes in federal grant guidelines, or overestimation or underestimation of funds required in various class codes due to program needs or requirements have occurred subsequent to the passage of the budget, every department as defined in RSA 9:1 may, subject to the prior approval of the fiscal committee of the general court and the approval of governor and council, transfer funds in or out of any class code and to create new class codes within federally funded areas of the department’s operating budget if such transfers do not result in an over-expenditure of any grant.

II. In order to maximize the use of federal grant funds and not lapse such funds, every department as defined in RSA 9:1 may, subject to the approval of the commissioner of the department of administrative services, carry forward into future state fiscal years any budgeted appropriation balances in class from federal grants for the duration of the federal grant award.

8 Repeal. 2011, 224:203, and 2011, 224:204 relative to the transfer of federal funds are repealed.

9 Effective Date. This act shall take effect July 1, 2013.

LBAO

12-3070

Amended 04/10/12

SB 407 FISCAL NOTE

AN ACT relative to the purchasing policy of the department of information technology, increasing the amount required for competitive bidding, and relative to the transfer of federal grant funds.

FISCAL IMPACT:

      The Office of Legislative Budget Assistant states this bill, as amended by the Senate (Amendment #2012-1415s), will have no impact on state, county, and local revenues or expenditures.

METHODOLOGY:

    This bill amends statute to streamline the process for state agencies to make information technology related purposes and adds federal funds transfer authority for state agencies, which has been included in state chapter law since July 1, 2009, into statute. This bill will have no impact on state, county, and local revenues or expenditure.

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