THE SENATE	S.B. NO.	1236
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the hawaii public procurement code.

 

 

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

 

     SECTION 1.  Chapter 103D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§103D-     Contracting with native Hawaiian organizations.  (a)  Notwithstanding any law to the contrary, the head of a purchasing agency shall ensure that not less than twenty per cent of the total value of all contracts awarded by the purchasing agency in each fiscal year is awarded to native Hawaiian organizations.

     (b)  For the purposes of this section, "native Hawaiian organization" means any organization in the State that:

     (1)  Is chartered or incorporated in the State;

     (2)  Is controlled by native Hawaiians;

     (3)  If the organization has a board of directors, not less than fifty-one per cent of the board of directors is comprised of members of the roll of qualified native Hawaiians, pursuant to section 10H-3; and

     (4)  Complies with the requirements set forth by the federal Small Business Administration under title 13, Code of Federal Regulations, section 124.110.

     (c)  If the head of a purchasing agency is unable to meet the twenty per cent requirement established pursuant to subsection (a), then the head of the purchasing agency shall:

     (1)  Attempt, to the extent practicable, to achieve the highest percentage possible; and

     (2)  Report to the legislature the reasons for the purchasing agency not meeting the twenty per cent contract value requirement not later than twenty days prior to the immediately succeeding regular session."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Procurement; Native Hawaiian Organizations

 

Description:

Requires a state agency to award not less than 20% of the total value of the agency's procurement contracts to native Hawaiian organizations.  Defines "native Hawaiian organization".

 

 

 

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