Bill Text: HI HB2283 | 2010 | Regular Session | Amended
Bill Title: Public Procurement; Ethics
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2010-07-07 - (S) Became law without the Governor's signature, Act 207, 7/6/2010, (Gov. Msg. No. 699). [HB2283 Detail]
Download: Hawaii-2010-HB2283-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2283 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC PROCUREMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 103D-101, Hawaii Revised Statutes, is amended to read as follows:
[[]§103D-101[]]
[Requirement] Requirements of [good faith.] ethical
public procurement. (a) All officers and employees of the State
and each county shall conduct public procurement in an ethical manner. In
conducting procurement, a government purchaser shall:
(1) Act as a fiduciary and trustee of public moneys;
(2) Remain independent from vendors, bidders, prospective bidders, interested parties, and political figures;
(3) Act only in the public interest;
(4) Abide by the statutes and administrative rules relating to public procurement;
(5) Identify and maximize efficiencies in the public procurement process;
(6) Encourage economic competition by:
(A) Dealing with vendors, bidders, and other interested parties at arm's length; and
(B) Researching innovative goods and services to meet the public's needs;
(7) Avoid the appearance of impropriety or conflicts of interest;
(8) Avoid social interactions with vendors, bidders, potential bidders, or other interested parties during the procurement process;
(9) Maintain confidentiality in a manner that ensures a fair procurement process; and
(10) Remain impartial in dealings with vendors, bidders, potential bidders, and other interested parties.
(b) Any person, including any actual or prospective bidder, offeror, contactor, or business taking part in the conduct of public procurement shall act in good faith to practice purchasing ethics, and when applicable, display business integrity as a responsible offeror of goods and services through the public procurement process, including:
(1) Avoiding the intent and appearance of unethical behavior or business practices;
(2) Refraining from any activity that would create the appearance of impropriety or conflicts of personal interest and the interests of the State or counties;
(3) Identify and eliminate any conflicts of interest; and
(4) Ensure that all persons are afforded an equal opportunity to compete in a fair and open environment.
(c) All parties involved in the negotiation, performance, or administration of state contracts shall act in good faith."
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.
Report Title:
Public Procurement; Ethics
Description:
Requires government purchasers and private entities offering goods and services for sale to government purchasers to follow ethical principles in matters relating to procurement. (HB2283 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
