REPORT TITLE:
Procurement


DESCRIPTION:
This bill prohibits the state from purchasing foreign "slave
labor" trade.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           109
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PROCUREMENT. 


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

 1      SECTION 1.  Chapter 103D, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:  
 
 4      "�103D   - Prohibition against forced labor.  (a) Every
 
 5 contract entered into by any state agency for the procurement of
 
 6 equipment, materials, goods, or supplies shall contain a
 
 7 statement in which the contractor attests that no foreign-made
 
 8 equipment, materials, goods, or supplies, furnished to the state
 
 9 pursuant to the contract, have been produced in whole or in part
 
10 by forced labor, convict labor, or indentured labor under penal
 
11 sanction.
 
12      (b) Any contractor contracting with the state who knowingly,
 
13 recklessly, or negligently furnishes foreign-made equipment,
 
14 materials, goods, or supplies produced in whole or part by forced
 
15 labor, convict labor, or indentured labor under penal sanction,
 
16 after providing a statement pursuant to subsection (a) of this
 
17 section, shall, subject to subsection (c) of this section, have
 
18 the contract voided, shall be assessed a penalty of one thousand
 
19 dollars, or an amount equaling twenty percent of the value of the
 
20 equipment, materials, or supplies, whichever is greater, and
 

 
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 1 shall be prohibited from bidding for a period not to exceed three
 
 2 hundred sixty days.
 
 3      (c) After discovering a potential violation of this section,
 
 4 the contracting agency shall provide the contractor with
 
 5 procedural due process, via notice and an opportunity to be
 
 6 heard, prior to issuing its ultimate determination.  When
 
 7 determining whether a violation occurred, the agency shall
 
 8 consider any measures the contractor took to ensure compliance
 
 9 with this section.  The agency may only issue sanctions if it
 
10 determines that the contractor failed to act in good faith, and
 
11 had knowledge, or would have had reason to know, after reasonable
 
12 inquiry, of the violation.  The contractor bears the burden of
 
13 proving no violation.
 
14      (d) For purposes of this section, the term "forced labor"
 
15 shall have the same meaning as in section 1307 of Title 19 of the
 
16 United States Code."
 
17      SECTION 2.  New statutory material is underscored.
 
18      SECTION 3.  This Act shall take effect upon approval.
 
19 
 
20                           INTRODUCED BY:  _______________________