Report Title:

Procurement Code; Employment Preference

 

Description:

Establishes a preference to bidders who employ persons with disabilities and certain public assistance recipients.  (HB485 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

485

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

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.  The purpose of this Act is to provide an incentive for companies bidding on State and county contracts to hire the disabled and recipients of public assistance by establishing a procurement preference.

     SECTION 2.  Chapter 103D, Hawaii Revised Statutes, is amended by adding two new sections to part X to be appropriately designated and to read as follows:

     "§103D-     Preference for employment of persons with disabilities.  (a)  When a governmental body contracts for goods, services, or construction, a preference shall be given to a bidder who pledges to hire persons with disabilities; provided that the persons with disabilities are employed for the duration of the contract.

     (b)  The preference amount shall be equal to the percentage of individuals employed by the bidder who are persons with disabilities and shall be subtracted from the offer for selection purposes only; provided that:

     (1)  The preference amount shall not exceed five per cent of the bid price; and

     (2)  Part-time employees who are persons with disabilities shall be counted in proportion to the number of hours they work in a forty-hour work week.

     (c)  The department of human services shall:

     (1)  Certify the eligibility of persons who are recipients of temporary assistance for needy families; and

     (2)  Establish a registry of persons with disabilities who are seeking employment and who a responsive and responsible offeror may employ; provided that the department of human services first obtains the authorization of the persons before including them in the registry.

     (d)  For purposes of this section, "person with disabilities" means an individual who has a physical or mental impairment that substantially limits one or more major life activities, including an individual who the department of health, department of human services, or a physician licensed under chapter 453 or 460 determines to be disabled.

     (e)  The policy board shall adopt rules under chapter 91 to establish procedures consistent with this section.

     §103D-      Preference for employment of recipients of temporary assistance for needy families.  (a)  When a governmental body contracts for goods, services, or construction, a preference shall be given to a bidder who pledges to hire recipients of temporary assistance for needy families; provided that the recipients of temporary assistance for needy families are employed for the duration of the contract.

     (b)  The preference amount shall be equal to the percentage of individuals employed by the bidder who are recipients of temporary assistance for needy families and shall be subtracted from the offer for selection purposes only; provided that:

     (1)  The preference amount shall not exceed five per cent of the bid price; and

     (2)  Part-time employees who are recipients of temporary assistance for needy families shall be counted in proportion to the number of hours they work in a forty hour work week.

     (c)  The department of human services shall:

     (1)  Certify the eligibility of persons who are recipients of temporary assistance for needy families; and

     (2)  Establish a registry of recipients of temporary assistance for needy families who are seeking employment and who a responsive and responsible offeror may employ; provided that the department of human services first obtains the authorization of the persons before including them in the registry.

     (d)  The policy board shall adopt rules under chapter 91 to establish procedures consistent with this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2020.