REPORT TITLE:
Public Contracts


DESCRIPTION:
Authorizes the counties to give preference to county taxpayers on
county public works contracts.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2616
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PREFERENCE TO OFFERORS ON COUNTY PUBLIC WORKS
   CONTRACTS.



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

 1      SECTION 1.  Section 103D-1007, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "103D-1007  Preference to bidders on state agency
 
 4 contracts.(a)  The requirements in this section are in addition
 
 5 to any other applicable requirements provided in this chapter.
 
 6      (b)  The preference in this section may not be used in
 
 7 combination with any other preference otherwise available to a
 
 8 bidder under state or federal law.
 
 9      (c)  In any section 103D-302 or 103D-303 contract for a
 
10 public works project, a state agency shall award the contract to
 
11 an offeror who has filed all state tax returns due to the State
 
12 and paid all amounts owing on such returns for two successive
 
13 years prior to submitting the offer; provided that the amount of
 
14 that offer is not more than seven per cent higher than the amount
 
15 offered by any competing contractor who has not filed or paid all
 
16 applicable state taxes, and the amount of the offer by the state
 
17 tax paying offeror is $5,000,000 or less.
 
18      (d)  In any section 103D-302 or 103D-303 contract for a
 
19 public works project, a state agency shall award the contract to
 

 
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                                     S.B. NO.           2616
                                                        
                                                        

 
 1 an offeror who has filed all state tax returns due to the State
 
 2 and paid all amounts owing on such returns for four successive
 
 3 years prior to submitting the offer; provided that the amount of
 
 4 that offer is not more than seven per cent higher than the amount
 
 5 offered by any competing contractor who has not filed or paid all
 
 6 applicable state taxes, and the amount of the offer by the state
 
 7 tax paying offeror is more than $5,000,000.
 
 8      (e)  If two or more contractors who have paid state and
 
 9 county taxes or were required to submit a filing regarding state
 
10 and county taxes are bidding on a public works contract, and
 
11 those contractors meet the criteria outlined in subsection (c) or
 
12 (d), the state agency shall award the contract to the contractor
 
13 among them who has submitted the lowest bid.
 
14      (f)  If any federal statute or regulation precludes the
 
15 granting of federal assistance or reduces the amount of that
 
16 assistance for a particular public works project because of
 
17 preference awarded by this section, this section shall not apply
 
18 insofar as its application would preclude or reduce federal
 
19 assistance for that work.
 
20      (g)  Any county, by ordinance, may adopt a preference for
 
21 bidders on county public works projects similar to this section."
 
22      SECTION 2.  New statutory material is underscored.
 

 
 
 
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                                     S.B. NO.           2616
                                                        
                                                        

 
 1      SECTION 3.  This Act shall take effect upon its approval.
 
 2 
 
 3                       INTRODUCED BY:  ___________________________