Prohibits discrimination in the bidding process and the awarding of state contracts.

A BILL FOR AN ACT

SECTION 1. Chapter 103D, Hawaii Revised Statutes, is amended by adding new sections to be appropriately designated and to read as follows:

"§103D- Prohibition regarding consideration of certain labor relations policies of offerors on state funded contracts. Notwithstanding any other provision of the procurement or labor laws of this state, no person may be discriminated against when bidding on or being awarded a prime contract or subcontract funded in whole or in part with funds provided by the state, where such discrimination is based in whole or in part on a requirement that such person enter into or adhere to a collective bargaining agreement, project labor agreement or any similar arrangement, as a condition of performing work on the contract.

§103D- Construction. Section shall not be construed to prohibit a contractor or subcontractor from voluntarily entering into a lawful agreement with a labor organization affecting the contractor's or subcontractor's right to subcontract work, or to prohibit contractors or subcontractors who have entered into such agreements from bidding on, or being awarded, contracts funded in whole or in part by the state. Section shall not be construed to prohibit contractors or subcontractors with such lawful agreements from applying those agreements on projects funded in whole or in part by the state.

103D- Application. This section shall apply to contracts made directly with any agency of the state or any subdivision of the state, as well as to contracts with any public or private entity or agent which is managing or operating a facility or project owned or controlled by the state, on behalf of the state or any subdivision of the state."

SECTION 2. New statutory material is underscored.

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