Haw. Rev. Stat. § 103-6 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-6
Temporary use of funds.
Status: in_force

The state and county directors of finance may, with the consent of the governor, in the case of state funds, and of the council, in the case of county funds, use any portion of moneys belonging to any funds under their control, except pension or retirement funds, funds set aside for the redemption of bonds or the payment of interest thereon, and private trust funds, for the purpose of paying warrants drawn against any fund temporarily depleted. All sums so used shall be repaid to the credit of the fund from which taken immediately after the replenishment of such depleted fund.

Whenever there are moneys in any fund of any county, except pension or retirement funds, funds under the control of any independent board or commission, funds set aside for redemption of bonds or the payment of interest thereon, and private trust funds, which in the judgment of the director of the county are in excess of the amounts necessary for the immediate requirements of the respective funds, and where in the county director's judgment such action will not impede the necessary or desirable financial operations of the county, the county director may, with the consent of the council, make temporary transfers or loans therefrom, without interest, to other funds of the county for undertaking public improvements for which the issuance and sale of the general obligation bonds have been duly authorized by the legislature and by the council in accordance with chapter 47. Such transfers shall be made only after passage by the council of an ordinance or resolution authorizing the public improvements. Amounts transferred under this paragraph shall not, in any county, exceed the total sum of unissued authorized bonds of the county. The funds from which the transfers or loans are made shall be reimbursed by the county director from the proceeds of the bond sales upon the eventual issuance and sale of the bonds, or by appropriations of the council. [L 1931, c 33, §1; am L 1933, c 74, §1; RL 1935, §113; RL 1945, §370; am L 1953, c 176, §1; RL 1955, §9-5; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §103-6; gen ch 1993]

Revision Note

References to county treasurers and boards of supervisors deleted to conform to county charters.
Haw. Rev. Stat. § 103D-1104 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1104
Delegation of authority; bond.
Status: in_force

The administrator of the state procurement office may:

(1) Delegate to any employee any power and authority deemed reasonable and proper for the effective administration of this part; and

(2) Bond any employee of the agency handling money, signing checks, or receiving or distributing property from the United States or state agencies under authority of this part. [L 1994, c 186, pt of §1]
Haw. Rev. Stat. § 101-2 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-2
Taking private property for public use; disposal of excess property.
Status: in_force

Private property may be taken for public use. Private property may also be taken by the State or any county in excess of that needed for such public use in cases where small remnants would otherwise be left or where other justifiable cause necessitates such taking to protect and preserve the contemplated improvement, or public policy demands such taking in connection with the improvement, in which case the condemning authority may sell or lease such excess property, with such restrictions as may be dictated by considerations of public policy in order to protect and preserve such improvements; provided that in the disposal of any such excess property, if such property is less than the minimum lot size requirements of the applicable zoning regulations, is of a configuration or topography which in the judgment of the appropriate county zoning authority cannot be put to a reasonable use in accordance with the applicable zoning regulations, or lacks proper access to a street, it shall be offered to the owner or owners of the abutting land for a reasonable price based on an appraisal; provided further that if such excess property conforms to said minimum lot size requirements, is of a configuration and topography which in the judgment of the appropriate county zoning authority can be put to a reasonable use in accordance with the applicable zoning regulations and has proper access to a street, then the State or the county, as the case may be, may sell such property at public auction. If there is more than one abutting owner who is interested in purchasing any such excess property which is less than the minimum lot size requirements of the applicable zoning regulations, is of a configuration or topography which in the judgment of the appropriate county zoning authority cannot be put to a reasonable use in accordance with applicable zoning regulations, or lacks proper access to a street, it shall be sold by the condemning authority by sealed bid to the abutting owner submitting the highest offer above the appraised value; provided further that if any such excess property abuts more than one parcel, the condemning authority may make application for subdividing such property so that a portion thereof may be sold to each abutting owner at the appraised value if the public interest is best served by such subdivision and disposal. All moneys received from the sale or lease of such excess property shall be paid into the fund or appropriation from which money was taken for the original condemnation and shall be available for the purposes of such fund or appropriation.
Haw. Rev. Stat. § 103-1.5 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-1.5
Definitions.
Status: in_force

The definitions of chapter 103D shall apply to this chapter unless the context clearly requires otherwise.
Haw. Rev. Stat. § 103-12 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-12
Capital improvement projects; personnel training; management.
Status: in_force

(a) The comptroller shall conduct annual training for the engineering personnel of all executive departments and state agencies that manage their own capital improvement projects to ensure compliance with state adopted standards and procedures of best practices in the management and construction of capital improvement projects. Each department and agency shall provide orientation training for new employees subject to this subsection and who are hired during the interim between annual trainings.

(b) All executive departments and state agencies that manage their own capital improvement projects shall:

(1) Use timelines that include a comprehensive list of all activities required on a project, and not simply rely on contractor timelines, which may not reflect all project phases. At a minimum, the list shall include all phases in a project's life cycle, namely, the initiation, planning, design, bid, construction, and post construction phases;

(2) Follow state procurement office guidance for tracking payments and deliverables by using a contract administration worksheet that includes milestones or deliverables, which are marked off as items are completed; and

(3) To help ensure end-user satisfaction with their capital improvement projects, identify and involve stakeholders throughout a project's execution and closing, including providing information about project costs, schedules, and performance. [L 2016, c 241, §2]
Haw. Rev. Stat. § 103D-1105 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1105
Authorized donee representatives.
Status: in_force

Any other law to the contrary notwithstanding, the governing board, or in case there is none, the chief procurement officer or the head of a purchasing agency, or their respective designees, by written order or resolution, may confer upon any officer or employee the continuing authority to secure the transfer, to the state procurement office or the purchasing agency, of surplus property under this part through the state agency for surplus property under section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, and rules adopted by the policy board, and to obligate the State or county and its funds to the extent necessary to comply with the terms and conditions of the transfers. The authority conferred upon the officer or employee by the order or resolution shall remain in effect until the order or resolution is duly revoked and written notice of the revocation is received by the state agency for surplus property.
Haw. Rev. Stat. § 103F-406 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-406
Crisis purchase of services.
Status: in_force

(a) The head of a purchasing agency may contract to purchase health and human services essential to meet a crisis by means other than specified in this chapter if:

(1) The crisis results from domestic violence, physical or mental illness or injury, homelessness, lack of food, or such other reason, and seriously threatens life, the health, or the safety of any person; and

(2) The crisis generates an immediate and serious need for health or human services which cannot be met through services available from the departments of health or human services, or under other provisions of this chapter.

(b) The crisis purchase of services shall be made with such competition as is practicable under the circumstances and, where practicable, approval from the chief procurement officer shall be obtained prior to the purchase. A written determination of the need to make a crisis purchase, and the reasons for selecting the provider shall be included in the contract file. [L 1997, c 190, pt of §2]
Haw. Rev. Stat. § 103F-412 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-412
Time line.
Status: in_force

At least once annually, the administrator shall give public notice, as provided by rules, of the types of health and human services state agencies anticipate they will need so that providers may have advance notice of possible future opportunities to submit proposals.
Haw. Rev. Stat. § 104-32 — HI Code / Division 1 / Title 9 / Chapter 104 / Section 104-32
Suspension during emergency.
Status: in_force

During a national emergency declared by the President or the Congress of the United States, or a state of emergency declared by the governor, subject to the provisions of section 127-10 or 128-7, the governor, by executive order in writing, may suspend this chapter; provided that the governor may not suspend this chapter except in the event such an emergency occurs and is so proclaimed.
Haw. Rev. Stat. § 105-6 — HI Code / Division 1 / Title 9 / Chapter 105 / Section 105-6
Inscription on state motor vehicles.
Status: in_force

Unless excepted, every motor vehicle owned or controlled by the State shall bear on both sides thereof a facsimile of the state seal and beneath the seal the words "For Official Use Only" and the name of the department, commission, board, bureau, office, agency, or instrumentality thereof controlling or possessing such motor vehicle. This section shall not apply to such motor vehicles as are furnished the governor, lieutenant governor, chief justice of the supreme court, and the president of the University of Hawaii or to such motor vehicles as are used in any ridesharing program of the State, for undercover investigative work, law enforcement, and other functions as approved by the comptroller. Motor vehicles owned or controlled by the University of Hawaii may bear the University of Hawaii logo or seal, or both, in lieu of the state seal.
Haw. Rev. Stat. § 115-10 — HI Code / Division 1 / Title 9 / Chapter 115 / Section 115-10
Duty to maintain access within beach transit corridors; remedies.
Status: in_force

[§115-10 Duty to maintain access within beach transit corridors; remedies.] (a) The department of land and natural resources shall maintain access within beach transit corridors under this chapter and chapter 183C, by requiring private property owners to ensure that beach transit corridors abutting their lands shall be kept passable and free from the landowner's human-induced, enhanced, or unmaintained vegetation that interferes or encroaches in the beach transit corridors.

(b) In addition to the criminal penalties in section 115-9, the department is authorized to issue notice to landowners who fail to maintain access within beach transit corridors, as set out in subsection (a), abutting their property. If any landowner fails to remove the landowner's human-induced, enhanced, or unmaintained vegetation within twenty-one days of notice being issued, the department shall take any action authorized under section 183C-7 as necessary to maintain access within beach transit corridors; provided that if the landowner contests the basis upon which the notice was issued prior to the expiration of the notice period, the department's enforcement actions under section 183C-7 shall be tolled until the final resolution of the contested matter.

(c) As used in this section, "landowner" means the record owner of the property or the record owner's agent, including a lessee, tenant, property manager, or trustee. [L 2010, c 160, §2]
Haw. Rev. Stat. § 107D-1 — HI Code / Division 1 / Title 9 / Chapter 107D / Section 107D-1
Definitions.
Status: in_force

As used in this chapter:

"Building lease" means a contract between the department and private investor in which the private investor conveys an improved facility to the department for a specified period of time.

"Department" means the department of accounting and general services.

"Development agreement" means an agreement between the State and a private investor which, at a minimum, includes:

(1) A description of the work to be done;

(2) The sale price for the facility;

(3) The duration of the agreement;

(4) The roles and responsibilities of the department and the private investor; and

(5) The terms and conditions for the ground lease and building lease.

"Facility" means property under the management and control of the department that may contain land, buildings, or both.

"Ground lease" means a lease of land executed between the State and private investor pursuant to which the private investor will renovate the existing facility, provide improvements, or construct a new building or buildings on a specified property.

"Private investor" means a non-governmental entity. [L 2011, c 231, pt of §2]
Haw. Rev. Stat. § 103F-302 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-302
Delegation of authority of the administrator of the state procurement office.
Status: in_force

Subject to rules adopted pursuant to this chapter, the administrator may delegate any authority or responsibility conferred by this chapter to a head or the heads of purchasing agencies.
Haw. Rev. Stat. § 107-31 — HI Code / Division 1 / Title 9 / Chapter 107 / Section 107-31
[ §107-31] State building code; compliance.
Status: in_force

[ §107-31] State building code; compliance. The design of all state building construction shall be in compliance with the state building code within one year of its effective date.
Haw. Rev. Stat. § 103D-107 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-107
Compliance audit unit; establishment and purpose.
Status: in_force

There is established a compliance audit unit within the office of the auditor. The purpose of this unit shall be to:

(1) Periodically review and audit procurement practices within government to ensure compliance with this chapter and all applicable rules; and

(2) Advocate competition, fairness, and accountability in the procurement process.

Reports made by this unit shall be a matter of public record. This unit shall utilize as part of the review process, a review of records and activities specifically for trends and patterns of occurrence. [L Sp 1993, c 8, pt of §2]
Haw. Rev. Stat. § 102-11 — HI Code / Division 1 / Title 9 / Chapter 102 / Section 102-11
Security for performance; conditions.
Status: in_force

(a) Before any contract is entered into, the party with whom the contract is proposed to be made shall give security for the performance thereof as follows:

(1) For a concession required to provide security under the contract in an amount less than four months' rental and other charges, if any:

(A) A good and sufficient bond;

(B) A deposit of legal tender; or

(C) A certificate of deposit, share certificate, cashier's check, treasurer's check, teller's check, or official check drawn by, or a certified check accepted by, a bank, savings institution, or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration; and

(2) For a concession required to provide security under the contract in an amount equal to or greater than four months' rental and other charges, if any: a good and sufficient bond.

(b) All security provided under this section shall:

(1) Be conditioned on the full and faithful performance of the contract in accordance with the terms and intent thereof;

(2) Be in an amount not less than two months' rental and other charges, if any, required under the contract; provided that any contract for the sale and delivery of in-bond merchandise at the Daniel K. Inouye International Airport shall require a bond in an amount not less than four months of the highest minimum annual rental guaranty required under the contract; and

(3) By its terms inure to the benefit of the State or of the county, as the case may be. [L 1959, c 245, §9; Supp, §7B-9; HRS §102-11; am L 1982, c 141, §1; am L 2006, c 37, §2; am L 2018, c 18, §2]
Haw. Rev. Stat. § 115-2 — HI Code / Division 1 / Title 9 / Chapter 115 / Section 115-2
Acquisition of lands for public rights-of-way and public transit corridors.
Status: in_force

When the provisions of section 46-6.5 are not applicable, the various counties shall purchase land for public rights-of-way to the shorelines, the sea, and inland recreational areas, and for public transit corridors where topography is such that safe transit does not exist.
Haw. Rev. Stat. § 104-29 — HI Code / Division 1 / Title 9 / Chapter 104 / Section 104-29
Rules.
Status: in_force

Subject to chapter 91, the director shall adopt reasonable rules for determining the prevailing wages, enforcement, administration, and general purposes of this chapter. These rules shall have the force and effect of law.
Haw. Rev. Stat. § 113-2 — HI Code / Division 1 / Title 9 / Chapter 113 / Section 113-2
Property acquired; reimbursement of owner.
Status: in_force

In acquiring real property for use in any project or program in which federal or federal-aid funds are used, the State shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy a judgment in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner, to the extent the State deems fair and reasonable, for expenses the owner necessarily incurred for (1) recording fees, transfer taxes and similar expenses incidental to conveying such real property to the State; (2) penalty costs for prepayment of any preexisting recorded mortgage loan entered into in good faith and encumbering such real property; and (3) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the State, or the effective date of possession of such real property by the State, whichever is the earlier.
Haw. Rev. Stat. § 101-5 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-5
Fee simple or lesser estate may be acquired.
Status: in_force

In the taking of private property for a public use, a fee simple estate or any lesser estate may be acquired.
Haw. Rev. Stat. § 103D-1209 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1209
Authority to withhold salary.
Status: in_force

The administrator of the state procurement office and the director of finance of each county shall ascertain if inventories have been filed as required by sections 103D-1206 and 103D-1208 respectively. If any officer, head of department, agent, employee, or other person fails to file the required inventory within the time prescribed, the administrator of the state procurement office or director shall withhold the salary or wage due the officer, head of department, agent, employee, or other person until the inventory is filed; provided that at the discretion of administrator of the state procurement office or director the delay in filing the required inventory return within the time prescribed was for good cause.
Haw. Rev. Stat. § 103D-412 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-412
Motor vehicle requirements.
Status: in_force

(a) The procurement policy for all agencies purchasing or leasing light-, medium-, and heavy-duty motor vehicles shall be to seek vehicles that reduce dependence on petroleum-based fuels that meet the needs of the agency. Priority for selecting vehicles shall be as follows:

(1) Zero-emission vehicles;

(2) Plug-in hybrid electric vehicles;

(3) Alternative fuel vehicles; and

(4) Hybrid electric vehicles.

(b) Vehicles shall not be larger than necessary for their intended functions.

(c) For the purposes of this section:

"Agency" means a state agency, office, or department.

"Alternative fuel" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490; provided that "alternative fuel" includes liquid or gaseous fuels produced from renewable feedstocks, such as organic wastes, or from water using electricity from renewable energy sources.

"Alternative fuel vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490.

"Covered fleet" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490, subpart C.

"Excluded vehicles" shall have the same meaning as contained in title 10 Code of Federal Regulations section 490.3.

"Fuel cell electric vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations section 490.501.

"Hybrid electric vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations section 86.1803-01.

"Light-duty motor vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490.

"Plug-in hybrid electric vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations section 86.1803-01.

"Zero-emission vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations section 88.1.

(d) Agencies may apply to the chief procurement officer for exemptions from the requirements of this section to the extent that the vehicles required by this section are not available or do not meet the specific needs of the agency; provided that life cycle vehicle and fuel costs may be included in the determination of whether a particular vehicle meets the needs of the agency. Estimates of future fuel costs shall be based on projections from the United States Energy Information Administration.

(e) Vehicles acquired from another state agency and excluded vehicles are exempt from the requirements of this section but shall be included in the calculation of the clean ground transportation goals established under section 196-9(c)(10).

(f) Nothing in this section is intended to interfere with the ability of a covered fleet to comply with the vehicle purchase mandates required by title 10 Code of Federal Regulations part 490 subpart C. [L 2005, c 216, §2; am L 2006, c 96, §28; am L 2009, c 156, §6; am L 2019, c 143, §1; am L 2021, c 74, §4; am L 2025, c 21, §3]
Haw. Rev. Stat. § 103-52 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-52
REPEALED.
Status: in_force

L Sp 1993, c 8, §47.
Haw. Rev. Stat. § 103-7 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-7
Capital improvements; authorizations for; emergency repairs or reconstruction, exception.
Status: in_force

All capital improvement projects requiring the use of general funds, special funds, general obligation bonds, and revenue bonds of the State, except projects covered by chapter 41D shall require authorization by the legislature and the governor.
Haw. Rev. Stat. § 101-23 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-23
Damages assessed, how.
Status: in_force

In fixing the compensation or damages to be paid for the condemnation of any property, the value of the property sought to be condemned with all improvements thereon shall be assessed, and if any of the improvements are separately owned, the value thereof shall be separately assessed. If the property sought to be condemned constitutes only a portion of a larger tract, the damages which will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned, and the construction of the improvements in the manner proposed by the plaintiff shall also be assessed, and also how much the portion not sought to be condemned will be specifically benefited, if at all, by the construction of the improvement proposed by the plaintiff. If the benefit shall be equal to the amount of compensation assessed for the property taken, and for damages by reason of its severance from another portion of the same tract, then the owner shall be allowed no compensation, but if the benefits shall be less than the amount so assessed as damages or compensation, then the former shall be deducted from the latter and the remainder shall be the amount awarded as compensation or damages. In case of the exercise of the power of eminent domain by the city and county of Honolulu in furtherance of any governmental power under section 46-74.2 and the improvement ordinance of the city, the amount of damages or compensation assessed, or awarded, or agreed upon in any compromise approved by motion of the city council shall in no case be construed as limiting or affecting the power of the city council to distribute any portion of the cost upon any property found to be benefited thereby proportioned as provided by law in the exercise of their judgment whether under an improvement district or frontage improvement created before or after the acquisition of any such land. If condemnation is for the purpose of widening or realigning any existing highway or other public road, the owner of the property condemned shall be entitled to full compensation for the property actually taken and special benefits shall be considered only insofar as the value of the benefits shall not exceed the damages which will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned and the construction of the improvements in the manner proposed by the plaintiff. That is, if the special benefits shall be equal to the severance damages, then the owner of the parcel shall be allowed no compensation except the value of the portion taken, but if the special benefits shall be less than the severance damages, then the former shall be deducted from the latter and the remainder shall be the only damages allowed in addition to the value of the land taken.
Haw. Rev. Stat. § 103D-309 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-309
Contract not binding unless funds available.
Status: in_force

(a) Contracts awarded pursuant to section 103D-302, 103D-303, or 103D-306, shall neither be binding nor have any force and effect of law unless the comptroller, the director of finance of a county, or the respective chief financial officers of the department of education, the judiciary, or the legislative branches of the State or county, as the case may be, endorses thereon a certificate that there is an appropriation or balance of an appropriation over and above all outstanding contracts, sufficient to cover the amount required by the contract; provided that if the contract is a multi-term contract, the comptroller, director of finance, or chief financial officer shall only be required to certify that there is an appropriation or balance of an appropriation over and above all outstanding contracts, that is sufficient to cover the amount required to be paid under the contract during the fiscal year or remaining portion of the fiscal year of each term of the multi-year contract; provided further that the administrator of the state procurement office shall attest in writing to any recommendation or solicitations. This section shall not apply to any contract under which the total amount to be paid to the contractor cannot be accurately estimated at the time the contract is to be awarded, or to any contract for which consideration is in kind or forbearance, or to any contract awarded pursuant to section 103D-306 that is a one-time payment through a purchase order.

(b) In any contract involving not only state or county funds but supplemental funds from the federal government, this section shall be applicable only to that portion of the contract price as is payable out of state or county funds. As to the portion of the contract price as is expressed in the contract to be payable out of federal funds, the contract shall be construed to be an agreement to pay the portion to the contractor, only out of federal funds to be received from the federal government. This subsection shall be liberally construed so as not to hinder or impede the State in contracting for any project involving financial aid from the federal government.

(c) In any contract involving not only state or county funds but supplemental funds from a utility, this section shall be applicable tothat portion of the contract price payable out of state or county funds as well as that portion of the contract price payable out of funds from a utility, or payable out of state or county funds paid to a utility. The State or county may certify that there are sufficient funds for the utility's portion of the contract price if the amounts that a utility is obligated to pay under a legal agreement between the utility and the State, or a county, are sufficient to pay that portion of the contract price and the legal agreement:

(1) Includes a specific description of the utility's share of the payment and terms of that payment;

(2) Allows the State, county, or utility to provide progress payments or final payment based on the actual cost after a project is completed; and

(3) Provides that in the event the State, county, or utility is delinquent in payments under the legal agreement, the State, county, or utility shall be responsible for any and all additional costs attributable to such late payment.

Any such legal agreement shall be executed prior to the execution of the state or county contract and shall not jeopardize any federal, state, or county funds.

For the purposes of this subsection:

"Legal agreement" includes a utility agreement, memorandum of understanding, or memorandum of agreement.

"Utility" means a utility company or entity. [L Sp 1993, c 8, pt of §2; am L 1995, c 178, §13; am L 1999, c 149, §15; am L 2010, c 140, §1 and c 187, §§3, 12; am L 2012, c 70, §1, and c 175, §1]
Haw. Rev. Stat. § 103D-204 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-204
Establishment of the state procurement office; administrator.
Status: in_force

(a) There shall be a state procurement office, placed for administrative purposes only, within the department of accounting and general services, which shall be headed by the administrator of the state procurement office. The administrator shall be the chief procurement officer for those governmental bodies of the executive branch as provided in section 103D-203(a)(9). The administrator shall be a full-time public official. The administrator shall serve a term of four years, and shall be paid a salary not to exceed eighty-seven per cent of the salary of the director of human resources development, without diminution during the administrator's term of office unless by general law applying to all deputies or assistants to department heads.

(b) The administrator shall be appointed by the governor from a list of no less than three and no more than five names submitted by the policy board. The appointment of the administrator shall require the advice and consent of the senate. The administrator may only be removed from office by the governor, provided the governor shall give prior notification of such removal to the chairperson of the policy board, the president of the senate, and the speaker of the house of representatives.

(c) The administrator shall have:

(1) A minimum of five years experience in public procurement within twelve years preceding the date of appointment; and

(2) Demonstrated executive and organizational ability.

(d) The administrator shall operate independently of the comptroller. The administrator may appoint and dismiss a private secretary without regard to chapters 76 and 89, who shall serve at the administrator's pleasure. The comptroller shall provide support to permit the administrator to satisfy all of the administrator's responsibilities as the chief procurement officer for those governmental bodies of the executive branch of the State for which a chief procurement officer is not otherwise designated. [L Sp 1993, c 8, pt of §2; am L 1995, c 178, §5 and c 211, §7; am L 1997, c 352, §6; am L 2002, c 148, §8; am L 2005, c 226, §4; am L 2025, c 206, §4]
Haw. Rev. Stat. § 104-23 — HI Code / Division 1 / Title 9 / Chapter 104 / Section 104-23
Notification of violation.
Status: in_force

(a) When the department, either as a result of a report by a contracting agency or as a result of the department's own investigation, finds that a violation of this chapter or of the terms of the contract subject to this chapter has been committed, the department shall issue a notification of violation to the contractor or subcontractor involved.

(b) A notification of violation shall be final and conclusive unless within twenty days after a copy has been sent to the contractor, the contractor files a written notice of appeal with the director.

(c) A hearing on the written notice of appeal shall be held by a hearings officer appointed by the director in conformance with chapter 91.

Hearings on appeal shall be held within sixty days of the notice of appeal and a decision shall be rendered by the hearings officer within sixty days after the conclusion of the hearing, stating the findings of fact and conclusions of law. The hearings officer may extend the due date for decision for good cause; provided that all parties agree. [L 1995, c 181, pt of §2; am L 1998, c 46, §1; am L 2014, c 130, §5]
Haw. Rev. Stat. § 105-10 — HI Code / Division 1 / Title 9 / Chapter 105 / Section 105-10
Motor vehicles; shelter.
Status: in_force

Except as otherwise permitted by section 105-2, every motor vehicle owned or controlled by the State, or by any county thereof, when not being used for official or governmental business or purposes, shall be kept in parking areas under cover if feasible at, or in the vicinity of, the office or place of business of the department, commission, board, bureau, officer, agency, or instrumentality controlling or possessing such motor vehicle. The comptroller, in the case of the State and the county councils, in the case of the counties, or the respective board or commission, in case of an independent board or commission having charge of its own funds, shall direct and see that this section is carried out, and, in that regard, each officer and each head of a department, commission, board, bureau, agency, or instrumentality controlling or possessing any such motor vehicle shall, when so directed, provide such parking areas and shelter for such motor vehicles controlled or possessed by him or it.

Revision Note

"County councils" substituted for "respective boards of supervisors or city council".
Haw. Rev. Stat. § 101-25 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-25
Payment of judgment, penalties.
Status: in_force

The plaintiff shall within two years after final judgment pay the amount assessed as compensation or damages and upon failure so to do all rights which may have been obtained by the judgment shall be lost to the plaintiff; and if such payment is delayed more than thirty days after final judgment, then interest shall be added at the rate of five per cent a year. The payment shall be made to the clerk of the court rendering the judgment. The plaintiff shall within thirty days after the payment deposit in the mails of the United States a written notice addressed to the defendants, who have filed answers or appeared in court in the proceedings, or to their attorneys of record in the proceedings, if so represented, at their last known address, that the payment has been made, and the clerk of the court shall distribute the payment to those entitled thereto in accordance with the order of the court. If the plaintiff fails to make the payment as aforesaid, the defendant shall be entitled to recover judgment as provided in section 101-27. If the plaintiff fails to give written notice of the payment as aforesaid, interest shall be added on the amount thereof at the rate of five per cent a year until the written notice is placed in the mails or until the defendant receives from the clerk of court the amount to which the defendant is entitled under the terms of the order of court, whichever event shall first occur.
Haw. Rev. Stat. § 103D-404 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-404
Relationship with using agencies.
Status: in_force

The chief procurement officer shall obtain expert advice and assistance from personnel of using agencies in the development of specifications and may delegate in writing to a using agency the authority to prepare and utilize its own specifications. [L Sp 1993, c 8, pt of §2]
Haw. Rev. Stat. § 115-9 — HI Code / Division 1 / Title 9 / Chapter 115 / Section 115-9
Obstructing access to public property; penalty.
Status: in_force

(a) A person commits the offense of obstructing access to public property if the person, by action or by having installed a physical impediment, intentionally prevents a member of the public from traversing:

(1) A public right-of-way;

(2) A transit area;

(3) A public transit corridor; or

(4) A beach transit corridor;

and thereby obstructs access to and along the sea, the shoreline, or any inland public recreational area.

(b) Physical impediments that may prevent traversing include but are not limited to the following:

(1) Gates;

(2) Fences;

(3) Walls;

(4) Constructed barriers;

(5) Rubbish;

(6) Security guards;

(7) Guard dogs or animals; and

(8) A landowner's human-induced, enhanced, or unmaintained vegetation that interferes or encroaches within beach transit corridors.

(c) Obstructing access to public property is a misdemeanor.

(d) Minimum fines for violation under this section shall be as follows:

(1) $1,000 for a second conviction; and

(2) $2,000 for any conviction after a second conviction.

(e) As used in this section:

"Landowner" means the record owner of the property or the record owner's agent, including a lessee, tenant, property manager, or trustee.

"Person" means a natural person or a legal entity.

"Public recreational area" means public lands or bodies of water opened to the public for recreational use. [L 2004, c 169, §2; am L 2010, c 160, §4]
Haw. Rev. Stat. § 103D-207 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-207
Centralization of procurement authority.
Status: in_force

Except as otherwise provided in sections 103D-208, 103D-209, and 103D-210, all rights, powers, duties, and authority relating to the procurement of goods, services, and construction, and the management, control, warehousing, sale, and disposal of goods, services, and construction now vested in, or exercised by, the governmental bodies of the State and counties are hereby transferred to the respective chief procurement officers. [L Sp 1993, c 8, pt of §2]
Haw. Rev. Stat. § 107-3 — HI Code / Division 1 / Title 9 / Chapter 107 / Section 107-3
Powers and duties of the department of accounting and general services.
Status: in_force

The powers and duties of the department of accounting and general services shall include:

(1) The powers and duties heretofore attached to the surveyor general, except such as relate to the geodetic survey of the Hawaiian Islands;

(2) The surveying, locating land boundaries, triangulation, mapping, subdividing, studying land titles and boundaries, preparing metes and bounds descriptions, marking land boundaries, and other work related thereto of all lands owned, controlled or in the possession of the State, when such action is required in order to use, sell, lease, exchange, or improve such lands, and, when requested, the performing of similar services with regard to private lands to be acquired by the State for public purposes;

(3) Collaborating with the state departments and agencies in acquiring lands required by the State for public purposes, the cost in connection therewith to be borne by the department or agency acquiring the land. [L 1951, c 283, §1; RL 1955, §103-1; am L Sp 1959 2d, c 1, §12; HRS §107-3]
Haw. Rev. Stat. § 115-8 — HI Code / Division 1 / Title 9 / Chapter 115 / Section 115-8
Expending agency.
Status: in_force

The department of land and natural resources shall expend all sums appropriated for the purposes of this chapter and in accordance with section 115-7.
Haw. Rev. Stat. § 101-4 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-4
Right of eminent domain granted to public utilities and others.
Status: in_force

The right and power of eminent domain is hereby granted to every person, operating a public utility, and engaged in the transportation of passengers or freight or any commodity by rail or bus, or by any other means, or the conveyance or transmission of telephone messages, or the production, conveyance, transmission, delivery, or furnishing of electricity, power, water, gas, or oil, within the State, as well as to corporations designated in section 101-41. The right and power shall be exercised only in compliance with, and under, the conditions and procedures set forth in this part.
Haw. Rev. Stat. § 104-31 — HI Code / Division 1 / Title 9 / Chapter 104 / Section 104-31
Effect on other laws.
Status: in_force

Neither this chapter nor any rule or other action under this chapter shall supersede or impair any minimum wage or maximum hour law or any authority otherwise granted by law to provide for the establishment of specific minimum or other wage rates.
Haw. Rev. Stat. § 107-23 — HI Code / Division 1 / Title 9 / Chapter 107 / Section 107-23
Executive director and executive assistant; council budget.
Status: in_force

(a) The council shall appoint, exempt from chapters 76 and 89, an executive director, who shall serve at the pleasure of the council, and who shall have administrative abilities and experience with the building industry. The council shall also appoint, exempt from chapters 76 and 89, an executive assistant, who shall have experience in statutory and administrative rulemaking processes to assist in carrying out the duties of the council under section 107-24. The council may appoint other staff who shall be subject to chapters 76 and 89.

(b) The budgetary requirements for conducting meetings, training, travel, and other related responsibilities of the council, including salaries of the executive director, executive assistant, and other staff, shall be included in the budget of the department of accounting and general services. [L 2007, c 82, pt of §2; am L 2014, c 164, §4]
Haw. Rev. Stat. § 101-44 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-44
Right-of-way lapses when.
Status: in_force

Any right-of-way which is obtained under sections 101-41 and 101-42 shall lapse and immediately revert to the previous owner thereof in either of the following events:

(1) If the corporation fails during a period of one year, at any time after acquiring the property, to use the right-of-way for the purposes herein set forth; or

(2) If the corporation uses or diverts or sells any of the water which is conducted through the right-of-way for a purpose other than irrigation, fluming, mill use, generation of electricity, and domestic purposes, as well as for the watering of livestock and industrial use if the industrial use does not exceed five per cent of the water conducted through the right-of-way. [L 1911, c 124, §4; RL 1925, §831; RL 1935, §74; am L 1943, c 186, §2; RL 1945, §326; RL 1955, §8-40; HRS §101-44]
Haw. Rev. Stat. § 111-11 — HI Code / Division 1 / Title 9 / Chapter 111 / Section 111-11
Fund availability.
Status: in_force

The state agency shall include the cost specified in this chapter as a part of the cost of construction of the project for which a land acquisition program is initiated, or as part of the cost of any other program which displaces persons. Any funds appropriated or otherwise available to any state agency for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this chapter as applied to that program or project.
Haw. Rev. Stat. § 102-15 — HI Code / Division 1 / Title 9 / Chapter 102 / Section 102-15
Violation voids contract.
Status: in_force

After May31, 1959, any contract awarded or executed in violation of sections 102-1 to 102-12 shall be void.
Haw. Rev. Stat. § 101-30 — HI Code / Division 1 / Title 9 / Chapter 101 / Section 101-30
Order of possession.
Status: in_force

No order of possession shall issue unless the plaintiff has paid to the clerk of the court issuing the order, for the use of the persons entitled thereto, the amount of the estimated compensation or damages stated in the motion for the issuance of the order and, in the case of a plaintiff other than the State or a county, has so paid such additional amount, or furnished such additional security, as may be required by the court.

An order of possession issued under section 101-29 shall not become effective until (1) summons in the action has been served personally on the defendants within or without the State, as provided in section 101-20 or section 634-24, or (2) the first publication of the summons directed to the defendants has occurred and notice has been posted as provided in section 634-23, or (3) the papers mailed to the defendants have been received as provided in section 634-24, or (4) the best notice practicable under the circumstances has been given as ordered by the court for good cause shown. [L 1937, c 184, pt of §5; RL 1945, §319, pt of subs 1; am L 1947, c 200, pt of §1(d); am L 1951, c 12, pt of §1(l); RL 1955, §8-28; HRS §101-30; am L 1973, c 30, §3]
Haw. Rev. Stat. § 103F-502 — HI Code / Division 1 / Title 9 / Chapter 103F / Section 103F-502
Right to request reconsideration.
Status: in_force

(a) A request for reconsideration of a decision of the head of the purchasing agency under section 103F-501 shall be submitted to the chief procurement officer not later than five working days after the receipt of the written decision, and shall contain a specific statement of the factual and legal grounds upon which reversal or modification is sought.

(b) A request for reconsideration may be made only to correct a purchasing agency's failure to comply with section 103F-402 or 103F-403, rules adopted to implement the sections, or a request for proposal, if applicable.

(c) The chief procurement officer may uphold the previous decision of the head of the purchasing agency or reopen the protest as deemed appropriate.

(d) A decision under subsection (c) shall be final and conclusive. [L 1997, c 190, pt of §2]
Haw. Rev. Stat. § 110-4 — HI Code / Division 1 / Title 9 / Chapter 110 / Section 110-4
Disposition of real property.
Status: in_force

Any state-owned cemetery, or any part thereof, which is cleared of the remains of deceased persons and is no longer needed as a cemetery shall be offered to the county in which the cemetery is located for use as a public park. If the county does not accept the vacated property for use as a public park, the property shall be transferred to the control of the department of land and natural resources for disposition in accordance with applicable law.
Haw. Rev. Stat. § 103-23 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-23
§§103-23, 23.
Status: repealed

§§103-23, 23.2, 23.5, 24 REPEALED. L Sp 1993, c 8, §§27 to 30.
Haw. Rev. Stat. § 103D-108 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-108
Compliance audit unit; duties and responsibilities.
Status: in_force

The compliance audit unit shall:

(1) Review and assess applicable innovations in procurement methods or processes in other governmental jurisdictions or as described in national or regional publications;

(2) Review current or proposed statutes and rules to determine whether they promote fairness, efficiency, and accountability in the procurement process;

(3) Review selected contracts awarded pursuant to section 103D-304;

(4) Conduct studies, research, and analyses, and make reports and recommendations with respect to existing and new methods of procurement and other matters within the jurisdiction of the policy board;

(5) Establish and maintain a procurement library;

(6) Report to the appropriate agency and the chief procurement officer stating the areas of noncompliance and recommendations for remedial action; and

(7) Be present at legislative hearings and policy board meetings to present the findings of the unit. [L Sp 1993, c 8, pt of §2; am L 1998, c 11, §5]
Haw. Rev. Stat. § 103D-311 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-311
Prequalification of suppliers.
Status: in_force

(a) The policy board may adopt rules to prequalify prospective suppliers for particular types of goods, services, and construction or to limit a solicitation to prequalified vendors to meet statutory or licensing requirements applying to the solicitation or when the time necessary to verify vendor qualifications would jeopardize timely award of contracts.

(b) A prospective supplier may be prequalified for a particular type of goods or services. Solicitation mailing lists of potential contractors shall include, but shall not be limited to, prequalified suppliers. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]
Haw. Rev. Stat. § 103-3 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-3
REPEALED.
Status: in_force

L Sp 1993, c 8, §25.
Haw. Rev. Stat. § 104-2.5 — HI Code / Division 1 / Title 9 / Chapter 104 / Section 104-2.5
Public work requirements; private construction contracts.
Status: in_force

(a) Section 104-2 notwithstanding, for purposes of this chapter, public work shall also include a construction contract between private persons if more than fifty per cent of the assignable square feet of a project is leased or assigned for use by the State, any county, or any agency of the State or any county, whether or not the property is privately owned, and:

(1) The lease or other agreement is entered into prior to the construction contract becoming effective; or

(2) Construction work is performed according to a plan, specifications, or criteria established by the State, any county, or any agency of the State or any county.

(b) Prior to the start of construction on a project, the construction project owner shall sign a lease or other agreement with the governmental leasing agency or the governmental agency accepting the construction project for its use to certify the construction project owner's compliance with this chapter, including payment of prevailing wages.

(c) Copies of the lease or other agreement under subsection (b) shall be filed with the department and the department of accounting and general services. The construction project owner shall submit weekly certified payrolls to the governmental leasing agency or the governmental agency accepting the construction project for its use, which shall be the governmental contracting agency for the construction project. [L 2007, c 62, §1]
Haw. Rev. Stat. § 107-7 — HI Code / Division 1 / Title 9 / Chapter 107 / Section 107-7
Assistance of private employees authorized.
Status: in_force

The performance of work under this chapter may include the employment of private land surveyors, engineers, and photogrammetric engineering assistance when necessary, and the cost in connection therewith shall be borne by the department or agency concerned.
Haw. Rev. Stat. § 103D-710 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-710
Judicial review.
Status: in_force

(a) Only parties to proceedings under section 103D-709 who are aggrieved by a final decision of a hearings officer under that section may apply for judicial review of that decision. The proceedings for review shall be instituted in the circuit court of the circuit where the case or controversy arises.

(b) An application for judicial review shall not operate as a stay of the decision rendered under section 103D-709.

(c) Within ten calendar days of the filing of an application for judicial review, the hearings officer shall transmit the record of the administrative proceedings to the circuit court of the circuit where the case or controversy arises.

(d) The review shall be scheduled as expeditiously as practicable. It shall be conducted on the record of the administrative proceedings, and briefs and oral argument. No new evidence shall be introduced, except that the circuit court may, if evidence is offered which is clearly newly discovered evidence and material to the just decision of the appeal, admit the same.

(e) No later than thirty days from the filing of the application for judicial review, based upon review of the record the circuit court may affirm the decision of the hearings officer issued pursuant to section 103D-709 or remand the case with instructions for further proceedings; or it may reverse or modify the decision and order if substantial rights may have been prejudiced because the administrative findings, conclusions, decisions, or orders are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority or jurisdiction of the chief procurement officer or head of the purchasing agency;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(6) Arbitrary, or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion;

provided that if an application for judicial review is not resolved by the thirtieth day from the filing of the application, the court shall lose jurisdiction and the decision of the hearings officer shall not be disturbed. All time limitations on actions, as provided for in section 103D - 712, shall remain in effect.

(f) Any party aggrieved by the decision of the circuit court may appeal in accordance with part I of chapter 641 and the appeal shall be given priority. [L Sp 1993, c 8, pt of §2; am L 1999, c 162, §8; am L 2001, c 251, §3; am L 2009, c 175, §§10, 14(2); am L 2010, c 107, §1; am L 2012, c 173, §§4, 5]
Haw. Rev. Stat. § 103D-1012 — HI Code / Division 1 / Title 9 / Chapter 103D / Section 103D-1012
Biofuel preference.
Status: in_force

(a) Notwithstanding any other law to the contrary, contracts for the purchase of diesel fuel or boiler fuel shall be awarded to the lowest responsible and responsive bidders, with preference given to bids for biofuels or blends of biofuel and petroleum fuel.

(b) When purchasing fuel for use in diesel engines, the preference shall be five cents per gallon of one hundred per cent biodiesel. For blends containing both biodiesel and petroleum-based diesel, the preference shall be applied only to the biodiesel portion of the blend.

(c) When purchasing fuel for use in boilers, the preference shall be five cents per gallon of one hundred per cent biofuel. For blends containing both biofuel and petroleum-based boiler fuel, the preference shall be applied only to the biofuel portion of the blend.

(d) As used in this section, "biodiesel" means a vegetable oil-based fuel that meets ASTM International standard D6751, "Standard Specification for Biodiesel (B100) Fuel Blend Stock for Distillate Fuels", as amended.

(e) As used in this section, "biofuel" means fuel from non-petroleum plant or animal based sources that can be used for the generation of heat or power. [L 2006, c 240, §4]
Haw. Rev. Stat. § 103-72 — HI Code / Division 1 / Title 9 / Chapter 103 / Section 103-72
Transcription of instructional materials.
Status: in_force

Contracts for the procurement of instructional materials shall include a provision whereby the State has the right to transcribe and reproduce the material in braille, large print, recordings, or other media for the use of physically-disabled students, including the visually impaired, unable to use the material in conventional print and form. Such right shall include the right to make those corrections, revisions, and other modifications as may be necessary.