Bill Text: HI HB1164 | 2024 | Regular Session | Introduced
Bill Title: Relating To Procurement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [HB1164 Detail]
Download: Hawaii-2024-HB1164-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1164 |
THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to procurement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 103D-709, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) The party initiating a proceeding falling within subsection (d) shall pay to the department of commerce and consumer affairs a cash or protest bond in the amount of one per cent of the estimated value of the contract.
[If
the initiating party prevails in the administrative proceeding, the] The
cash or protest bond shall be returned to that party[. If], minus
administrative costs as determined by the office of administrative hearings of
the department of commerce and consumer affairs; provided that full forfeiture
of the cash or protest bond shall occur if the initiating party does not
prevail in the administrative proceeding[,] and the office of
administrative hearings finds that the appeal was frivolous or made in bad
faith, in which case the cash or protest bond shall be deposited into the
general fund."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Hawaii Public Procurement Code; Administrative Proceedings for Review; Cash or Protest Bond; Return to Party; Forfeiture
Description:
Requires cash or protest bonds to be returned to the initiating parties, minus administrative costs, except in cases where the appeal was frivolous or made in bad faith.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.