Report Title:

Procurement; Public Construction Contracts

 

Description:

Prohibits discrimination in contracting on state-funded projects on the basis of certain labor policies of potential contractors or subcontractors.

 

THE SENATE

S.B. NO.

1287

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PUBLIC PROCUREMENT.

 

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- Prohibition regarding consideration of certain labor relations policies of offerors on state-funded contracts. (a) Notwithstanding this chapter, chapter 89, or any other law to the contrary, no person may be discriminated against when bidding on a prime contract or subcontract that is funded in whole or in part with funds provided by the State, where the discrimination is based in whole or in part on a requirement that the person enter into or adhere to a collective bargaining agreement, project labor agreement, or any similar agreement, as a condition of performing work on the contract.

(b) Subsection (a) shall not be construed to:

(1) Prohibit a contractor or subcontractor from voluntarily entering into a lawful agreement with a labor organization affecting the contract's or subcontract's right to subcontract work, or to prohibit contractors or subcontractors who have entered into these agreements from bidding on, or being awarded, contracts funded in whole or in part by the State; or

(2) Prohibit a contractor or subcontractor, having entered into such a lawful agreement under paragraph (1), from applying that agreement on a project funded in whole or in part by the State.

(c) Subsection (a) shall apply to contracts made directly with any agency of the State or any county, as well as to contracts with any public or private entity or agent that is managing or operating a facility or project owned or controlled by the State or any county, on behalf of the State or any county."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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