Report Title:

Procurement

Description:

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

THE SENATE

S.B. NO.

447

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO 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 against forced labor. (a) Every contract entered into by any state agency for the procurement of equipment, materials, goods, or supplies shall contain a statement in which the contractor attests that no foreign-made equipment, materials, goods, or supplies, furnished to the state pursuant to the contract, have been produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction.

(b) Any contractor contracting with the state who furnishes foreign-made equipment, materials, goods, or supplies produced in whole or part by forced labor, convict labor, or indentured labor under penal sanction, after providing a statement pursuant to subsection (a) of this section, shall, subject to subsection (c) of this section, have the contract voided, shall be assessed a penalty of one-thousand dollars, or an amount equaling twenty percent of the value of the equipment, materials, or supplies, whichever is greater, and shall be prohibited from bidding for a period not to exceed three hundred sixty days.

(c) After discovering a potential violation of this section, the contracting agency shall provide the contractor notice and an opportunity to be heard, prior to issuing its ultimate determination. When determining whether a violation occurred, the agency shall consider any measures the contractor took to ensure compliance with this section. The agency may only issue sanctions if under subsection (b) it determines that the contractor failed to act in good faith, and had knowledge, or would have had reason to know, after reasonable inquiry, of the violation. The contractor bears the burden of proving no violation. The contractor may appeal the agency's decision in accordance with section 103D-703.

(d) For purposes of this section, the term "forced labor" shall have the same meaning as in section 1307 of Title 19 of the United States Code."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon approval.

INTRODUCED BY:

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