Gambling; Goods and Services; Preference for HI Businesses
Requires that if gambling is legalized in any form, then any business that operates a gambling enterprise shall give a preference to Hawaii businesses for the purchase of any product or service involving the gambling operation.
HOUSE OF REPRESENTATIVES
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII
A BILL FOR AN ACT
relating to gambling.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new section to be appropriately designated and to read as follows:
"§ - Gambling enterprises; procurement preference for Hawaii businesses. (a) This section shall become effective only if gambling is legalized in any form in this State, other than social gambling as permitted under section 712-1231.
(b) When any gambling enterprise contracts for goods or services with respect to gambling or gambling devices, a per cent preference shall be given to any goods and services provided by Hawaii businesses. The preference in this section may not be used in combination with any other preference that is otherwise available under state or federal law.
(c) As used in this section:
"Gambling" has the same meaning as defined in section 712-1220(4).
"Gambling device" means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine, and includes lottery tickets and other items used in the playing phases of lottery schemes.
"Gambling enterprise" means any corporation, partnership, association, business, or other entity or enterprise that is legally permitted to conduct gambling activities or operations in Hawaii.
"Goods" has the same meaning as defined in section 103D-104.
"Hawaii business" means a business that submits an affidavit under penalty of perjury to the chief procurement officer attesting that the person:
(1) Is licensed to conduct business in this State pursuant to section 237-9;
(2) Submits a bid under the name appearing on the person's current business license;
(3) Is a domestic corporation, partnership, association, business, or other entity organized or formed under the laws of the State;
(4) Has maintained its principal place of business within the State for at least two-hundred consecutive days prior to the submission of the affidavit;
(5) Has filed a Hawaii resident income tax and all other applicable tax returns for the preceding tax year and has paid all amounts owing on those tax returns;
(6) Has complied with all applicable Hawaii employment, insurance, and worker's compensation laws;
(7) If an employer with one or more employees, eighty-five per cent of its employees are state residents; and
(8) If a joint venture, is composed entirely of entities that qualify under paragraphs (1) to (7) and eighty-five per cent of all the employees of the joint venture are state residents.
"Services" has the same meaning as defined in section 103D-104.
"State resident" means an individual who submits an affidavit under penalty of perjury to the chief procurement officer attesting that the person:
(1) Resides in the State at least two hundred days of the year; and
(2) Has filed a Hawaii resident income tax return in the taxable year immediately preceding submission of the affidavit and has paid all amounts owing on that tax return; provided that an individual who was a state resident, left the State to attend school or serve in the armed forces of the United States of America, and returned to the State to work for a Hawaii business is a state resident, even though the individual has not yet resided in the State for at least two hundred days or filed a Hawaii resident income tax return or paid all amounts owing on that tax return."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.