HB464: relative to certain duties of the department of administrative services and relative to credit card contracts for state agencies.

CHAPTER 162

HB 464-FN – FINAL VERSION

24Mar2009… 0516h

20May2009… 1708eba

2009 SESSION

09-0471

05/10

HOUSE BILL 464-FN

AN ACT relative to certain duties of the department of administrative services and relative to credit card contracts for state agencies.

SPONSORS: Rep. M. Smith, Straf 7; Rep. Irwin, Hills 3

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill:

I. Expands the authority of the governor and council to repair or replace state buildings and state property, including equipment and infrastructure, damaged or destroyed in an emergency.

II. Permits the state to pay fees incurred under credit card contracts entered into by the department of administrative services from revenue received under the contract.

III. Replaces the commissioner of transportation with the administrator of the bureau of public works design and construction, division of plant and property management on the governor’s advisory committee on the capital budget.

IV. Clarifies that agencies should use service contracts entered into by the department of administrative services on their behalf unless the department grants the agency a waiver in a particular instance.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24Mar2009… 0516h

20May2009… 1708eba

09-0471

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to certain duties of the department of administrative services and relative to credit card contracts for state agencies.

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

162:1 Powers of the Governor and Council; Emergency Repairs. Amend RSA 4:19 to read as follows:

4:19 Emergency [Building] Repairs. In case of emergency occasioned by the partial or total destruction, failure, or damage, by fire or otherwise, of any building or any other property belonging to the state, or used by any state department, or in the case of destruction or failure of, or damage to, the physical or technological infrastructure of any department or other state entity, the governor, with the consent of the council, may provide by contract for such repairs, new building, new property, or new equipment or may provide by contract for such temporary accommodation as he or she may deem necessary to replace those destroyed, damaged, or which have failed, and may draw [his] warrants in payment for the same from any money in the treasury not otherwise appropriated.

162:2 New Chapter; State Credit Card Contracts. Amend RSA by inserting after chapter 9-C the following new chapter:

CHAPTER 9-D

STATE CREDIT CARD CONTRACTS

9-D:1 Fees and Assessments in State Credit Card Contracts. Notwithstanding any law to the contrary, fees, charges, assessments, penalties, and other costs incurred by the state in accordance with contracts entered into by the department of administrative services for credit card services under RSA 21-I:11, I(f) may be paid by the state from revenue to be received under these contracts.

162:3 Advisory Committee on the Capital Budget. Amend RSA 9:3-a, IV, V, and VI to read as follows:

IV. There shall be a governor’s advisory committee on the capital budget consisting of the following, or their designees: commissioner of administrative services, [commissioner of transportation] administrator of the bureau of public works design and construction in the division of plant and property management, department of administrative services, chairperson of the senate capital budget committee, and chairperson of the house public works and highway committee. Members of the advisory committee may attend the hearings on capital budget requests, question those testifying, and contribute their opinions.

V. The governor shall select those projects which the governor considers worthy of further evaluation, and send the requests for the selected projects to the commissioner of [transportation] administrative services no later than August 1. The governor may hold additional hearings on capital requests at the time of the operating budget hearings. If any additional hearing is held after election day, the governor shall invite the governor-elect to attend.

VI. The [commissioner of transportation] department of administrative services through its bureau of public works design and construction shall prepare schematic drawings, cost estimates, and program descriptions and the commissioner of administrative services shall present these, along with any recommendations, to the governor no later than December 1.

162:4 New Section; Contracts for Use by More than One Agency. Amend RSA 21-I by inserting after section 17-b the following new section:

21-I:17-c Contracts for Use by More Than One Agency. Agencies shall make use of contracts which have been entered into by the department of administrative services, division of plant and property management, for more than one agency when procuring commodities or services that are available to the agency under such contracts, unless granted a waiver from this requirement by the commissioner of administrative services. The commissioner shall grant a waiver when he or she concludes that to do would be in the best interests of the state.

162:5 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 8, 2009

Effective Date: September 6, 2009