SB2108 SD1

SECTION 1. The legislature finds that vendors who employ persons with disabilities and recipients of temporary assistance for needy families offer critical assistance to individuals in the community for whom it can be difficult to obtain employment. As such, these hiring practices should be encouraged with procurement preferences when contracting with state government.

The purpose of this Act is to establish a procurement preference for companies bidding on state and county contracts that pledge to hire individuals with disabilities and recipients of temporary assistance for needy families.

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 if such construction is valued at less than $500,000, 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 with disabilities; and

(2) Establish a registry of persons with disabilities who are seeking employment and whom 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 whom 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 if such construction is valued at less than $500,000, 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 under subsection (a) shall be equal to the percentage of individuals who are recipients of temporary assistance for needy families 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 temporary assistance for needy families 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 temporary assistance for needy families and employed by the bidder shall be calculated by dividing the total number of employees receiving temporary assistance for needy families 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 recipients of temporary assistance for needy families who are seeking employment and whom 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. The department of accounting and general services shall submit a detailed report on the procurement and hiring practices established by this Act to the legislature no later than twenty days prior to the convening of the regular session of 2009, and annually thereafter.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for the department of human services to establish a registry of persons with disabilities and recipients of temporary assistance for needy families for employment purposes pursuant to this Act.

The sum appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2008.

THE SENATE	S.B. NO.	2108
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII