Hawaii 2022 Regular Session

Hawaii House Bill HB2007 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HOUSE OF REPRESENTATIVES H.B. NO. 2007 THIRTY-FIRST LEGISLATURE, 2022 H.D. 2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PROCUREMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	HOUSE OF REPRESENTATIVES H.B. NO. 2007 THIRTY-FIRST LEGISLATURE, 2022 H.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PROCUREMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3		HOUSE OF REPRESENTATIVES H.B. NO. 2007
4		-	THIRTY-FIRST LEGISLATURE, 2022 H.D. 2
	4	+	THIRTY-FIRST LEGISLATURE, 2022 H.D. 1
5	5		STATE OF HAWAII
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7	7		HOUSE OF REPRESENTATIVES
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9	9		H.B. NO.
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11	11		2007
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13	13		THIRTY-FIRST LEGISLATURE, 2022
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15		-	H.D. 2
	15	+	H.D. 1
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17	17		STATE OF HAWAII
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31	31		A BILL FOR AN ACT
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37	37		RELATING TO PROCUREMENT.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	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 on July 1, 2112.
	47	+	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]: (1) $ for a contract with an estimated value of less than $ ; (2) $ for a contract with an estimated value of $ or more, but less than $ ; or (3) per cent of the estimated value of the contract[.] if the estimated value of the contract is $ or more; provided that in no event shall the required amount of the cash or protest bond be more than $ . If the initiating party prevails in the administrative proceeding, the cash or protest bond shall be returned to that party. If the initiating party does not prevail in the administrative proceeding, 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 on July 1, 2112.
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49	49		SECTION 1. Section 103D-709, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
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51		-	"(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.~~
	51	+	"(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]:
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53		-	[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."
	53	+	(1) $ for a contract with an estimated value of less than $ ;
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	55	+	(2) $ for a contract with an estimated value of $ or more, but less than $ ; or
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	57	+	(3) per cent of the estimated value of the contract[.] if the estimated value of the contract is $ or more; provided that in no event shall the required amount of the cash or protest bond be more than $ .
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	59	+	If the initiating party prevails in the administrative proceeding, the cash or protest bond shall be returned to that party. If the initiating party does not prevail in the administrative proceeding, the cash or protest bond shall be deposited into the general fund."
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55	61		SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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57	63		SECTION 3. This Act shall take effect on July 1, 2112.
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61		-	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~~. Effective 7/1/2112. (~~HD2~~) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
	67	+	Report Title: Administrative Proceedings for Review; Cash or Protest Bond Amount Description: Amends the cash or protest bond amount for parties initiating administrative proceedings for review of certain protest decisions. Effective 7/1/2112. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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67	73		Report Title:
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69		-	~~Hawaii Public Procurement Code;~~ Administrative Proceedings for Review; Cash or Protest Bond~~; Return to Party; Forfeiture~~
	75	+	Administrative Proceedings for Review; Cash or Protest Bond Amount
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73	79		Description:
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75		-	~~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~~. Effective 7/1/2112. (~~HD2~~)
	81	+	Amends the cash or protest bond amount for parties initiating administrative proceedings for review of certain protest decisions. Effective 7/1/2112. (HD1)
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83	89		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.