Revision: Dec. 19, 2019, 10:02 a.m.
SB 434 - AS INTRODUCED
2020 SESSION
20-2950
05/03
SENATE BILL 434
AN ACT relative to the purchasing authority of the department of administrative services.
SPONSORS: Sen. Carson, Dist 14; Sen. Reagan, Dist 17; Sen. Rosenwald, Dist 13; Rep. Schuett, Merr. 20; Rep. Sytek, Rock. 8; Rep. McGuire, Merr. 29
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill expands the authority of the department of administrative services, division of procurement and support services to authorize agencies to use procurement cards to purchase commodities and services directly from vendors.
The bill is a request of the department of administrative services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2950
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the purchasing authority of the department of administrative services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Department of Administrative Services; Use of Procurement Cards for Purchase of Commodities or Services. Amend RSA 21-I:17-d to read as follows:
21-I:17-d Use of Procurement Cards for Purchase of Commodities or Services.
I. In addition to the division of procurement and support services' authority to allow the use of field purchase orders or procurement cards for the purchase of supplies under RSA 21-I:17-a, the director of procurement and support services may authorize agencies, or their designees, to purchase commodities or services directly from vendors by the use of procurement cards issued for that purpose; provided, however, that no such procurement card shall be used where a total expenditure of more than $1,000 is involved unless such other use is otherwise allowed by law, or unless the commissioner of administrative services or his or her designee authorizes a higher total expenditure on a case by case basis. The commissioner or his or her designee may authorize a higher total expenditure only if he or she concludes that to do so would be in the best interests of the state.
I-a. The director of procurement and support services also may, upon written application of an agency, authorize the agency, or one or more individuals designated by the agency, to purchase commodities or services secured by or through the division using procurement cards issued for that purpose; provided, however, that no such card shall be used for an expenditure which is greater than the amount allowed by the division for purchases under the applicable contract, or the price allowed by the division for the commodity or service, and provided further that use of such cards shall be in accordance with paragraphs II and III.
II. Use of a procurement card under paragraph I or I-a shall not alter any other purchasing requirements which may apply to the agency or to the type of purchase at issue, including but not limited to any restrictions or limitations contained in contracts entered into by the division of procurement and support services and any processes, rules, or manual of procedures provisions adopted by the department of administrative services which are applicable to the purchase. Agencies' use of procurement cards shall be subject to the limitations of the amounts appropriated by the legislature.
III. The form and use of credit cards to conduct or pay for purchases under paragraph I or I-a shall be prescribed by rules adopted by the commissioner of administrative services pursuant to RSA 541-A in consultation with the state treasurer, or in the department's manual of procedures described in RSA 21-1:14, I. Rules or procedures adopted by the commissioner shall include processes for monitoring the use of cards. Cards shall be used only for state purposes. Unauthorized use of a card may result in disciplinary action up to and including termination of employment. Any person who knowingly uses a card in violation of this section shall be guilty of a misdemeanor.
2 Department of Administrative Services; Internal Organization of the Divisions of Procurement and Support Services; Functions of the Bureau of Purchase and Property. Amend RSA 21-I:12, I(a)(6) to read as follows:
(6) Transferring unused supplies and equipment from one department or agency to another where needed and determining the value thereof; where such unused supplies and equipment cannot be so transferred, providing for disposal to the public by competitive bid whenever the estimated value of any unit or total of units is [$100] $2,500 or more, [otherwise in such manner as appears to be] unless the director of the division of procurement and support services determines an alternate disposal method will be in the best interest of the state.
3 Effective Date. This act shall take effect 60 days after its passage.