SB2108

SECTION 1. The legislature finds that vendors who employ persons with disabilities and persons who receive income payments under public assistance, are critical to helping specific populations of society who find it difficult to obtain employment. As such, these companies should be provided a preference when selling goods and services to the government.

The purpose of this Act is to establish a procurement preference for companies bidding on state and county contracts that pledge to hire the disabled and recipients of public assistance.

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 under subsection (a) shall be equal to the percentage of individuals who are persons with disabilities and employed by the bidder 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.

The percentage of individuals who are persons with disabilities and employed by a bidder shall be calculated by dividing the total number of employees with disabilities by the total number of employees employed or expected to be employed for the contract, and then multiplying the quotient by one hundred. The product shall be the amount of the preference, subject to the limitations established in paragraphs (1) and (2).

(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 offer or 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 income payments under public assistance. (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 income payments under public assistance; provided that the recipients of income payments under public assistance are employed for the duration of the contract.

(b) The preference amount under subsection (a) shall be equal to the percentage of individuals who are recipients of income payments under public assistance and employed by the bidder 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 income payments under public assistance shall be counted in proportion to the number of hours they work in a forty hour work week.

The percentage of individuals who are recipients of income payments under public assistance and employed by the bidder shall be calculated by dividing the total number of employees receiving income payments under public assistance by the total number of employees employed or expected to be employed for the contract, and then multiplying the quotient by one hundred. The product shall be the amount of the preference, subject to the limitations established in paragraphs (1) and (2).

(1) Certify the eligibility of persons who are recipients of income payments under public assistance; and

(2) Establish a registry of recipients of income payments under public assistance 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, 2008.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2108
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII