reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 101. Eminent Domain › 101-51 Definitions.

§101-51 Definitions.
As used herein: "Public property" means real property (1) owned by a political subdivision of the State or (2) owned by the State in its own right and not owned by the United States. "Public property" shall not be deemed to include public lands, defined to be such by section 171-2. [L 1949, c 377, pt of §1; RL 1955, §8-50; HRS §101-51]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 101. Eminent Domain › 101-52 Proceedings authorized.

§101-52 Proceedings authorized.
Any officer authorized to bring eminent domain proceedings under part I, and any county when thereunto authorized in the manner provided by section 101-13, which is made applicable to this part, may file or cause to be filed a special proceeding for the acquisition by the State or county, as the case may be, of public property required for public uses which are under the officer's or county's jurisdiction and control. The circuit courts may try and determine the proceedings without a jury, subject only to an appeal in accordance with chapter 602, in the manner provided for civil appeals from the circuit courts. The circuit court, on its own motion or on motion of any party, may try and determine any issue in the case in advance of other issues. Compensation or damages shall be paid by the condemning authority for the condemnation of any public property taken under this chapter. [L 1949, c 377, pt of §1; RL 1955, §8-51; am L 1957, c 160, §1; HRS §101-52; am L 1973, c 30, pt of §5; am L 2004, c 202, §12; am L 2006, c 94, §1; am L 2010, c 109, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 101. Eminent Domain › 101-53 Property already appropriated to a public purpose.

§101-53 Property already appropriated to a public purpose.
Whenever the public property sought to be acquired has already been appropriated to some public purpose, in order that the property be acquired by the petitioner it must appear that the use to which the property is sought to be put is more necessary than the purpose to which it has already been appropriated. [L 1949, c 377, pt of §1; RL 1955, §8-52; HRS §101-53]
Case Notes
Condemnation by railroad company of public property held as navigable waters denied. 11 H. 717.
Not applicable unless State or county owns the land. 70 H. 18, 757 P.2d 647.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 101. Eminent Domain › 101-54 Part I provisions adopted; consolidation of proceedings.

§101-54 Part I provisions adopted; consolidation of proceedings.
The provisions of part I are adopted for and made applicable to the proceedings authorized by this part, except insofar as the provisions of part I are inconsistent with the express provisions of this part.
Upon motion of any party, any special proceeding filed under this part may be consolidated for hearing and decision with any proceeding brought under part I for the same public use, and if so consolidated shall be heard and determined by the judge of the circuit court in which the proceeding under part I is pending, sitting without a jury. [L 1949, c 377, pt of §1; RL 1955, §8-53; HRS §101-54; am L 1973, c 30, pt of §5]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 101. Eminent Domain › 101-71 Taking private personal property for public use.

§101-71 Taking private personal property for public use.
In connection with the taking for public use of private real property, the State or any county may take for a public use private personal property which it deems necessary or convenient which has been permanently upon or has been used in connection with the real property being taken. Just compensation must be paid for personal property so taken. Actions under and by virtue of this section shall be commenced by filing a complaint and issuing a summons thereon. If an action is initiated for the taking of the real property, the action for the taking of the personal property must be joined to it. The complaint shall contain, with reference to the personal property sought to be condemned, a statement of the use to which the property is to be put and a description of the property and shall join as defendants all persons who are owners or claimants thereof. The procedure for the acquisition of private personal property shall, except as otherwise expressly provided in this section, be the same as in other actions brought under this chapter unless the provision by its terms is clearly inapplicable to the acquisition of personal property. [L 1972, c 84, pt of §1; am L 1974, c 77, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 101. Eminent Domain › 101-72 Negotiated purchase of private personal property under threat of condemnation.

§101-72 Negotiated purchase of private personal property under threat of condemnation.
Any law requiring governmental purchase of personal property pursuant to competitive bidding to the contrary notwithstanding, private personal property, sought to be acquired under threat of the exercise of the power of eminent domain, may be acquired through negotiated purchase. [L 1972, c 84, pt of §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 102. Concessions on Public Property › 102-1 Definition.

§102-1 Definition.
The word "concession" as used in this chapter means the grant to a person of the privilege to:
(1) Conduct operations involving the sale of goods, wares, merchandise, or services to the general public including but not limited to food and beverage establishments, retail stores, motor vehicle rental operations under chapter 437D, advertising, and communications and telecommunication services, in or on buildings or land under the jurisdiction of any government agency;
(2) Operate a parking lot on property owned or controlled by the State with the exception of buildings, facilities, and grounds operated by or otherwise under the jurisdiction of the department of education; and
(3) Use, for compensation, space on public property to display advertising, or to conduct operations for communications or telecommunications purposes. [L 1963, c 93, §1; Supp, §7B-1.5; am L 1967, c 189, §3; HRS §102-1; am L 1997, c 208, §2; am L 2001, c 303, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 102. Concessions on Public Property › 102-3 Qualification of bidders.

§102-3 Qualification of bidders.
Before any prospective bidder is entitled to submit any bid for the occupancy of any such space, the prospective bidder shall, not less than six calendar days prior to the day designated for opening bids, give written notice to the officer charged with letting the contract of the prospective bidder's intention to bid, and the officer shall satisfy oneself of the prospective bidder's financial ability, experience and competence to carry out the terms and conditions of any contract that may be awarded. For this purpose, the officer may, in the officer's discretion, require prospective bidders to submit answers, under oath, to questions contained in a form of questionnaire setting forth a complete statement of the experience, competence and financial standing of the prospective bidders. Whenever it appears to the officer, from answers to the questionnaire or otherwise, that any prospective bidder is not fully qualified and able to carry out the terms and conditions of the contract that may be awarded, the officer shall, after affording the prospective bidder an opportunity to be heard and if still of the opinion that the bidder is not fully qualified to carry out the terms and conditions of the contract that may be awarded, refuse to receive or consider any bid offered by the prospective bidder. The officer charged with letting the contract shall not divulge or permit to be divulged the names and the number of persons who have submitted their notice of intention to bid until after the opening of bids. All information contained in the answers to questionnaires shall remain confidential, and any government officer or employee who knowingly divulges or permits to be divulged any such information to any person not fully entitled thereto shall be fined not more than $250. Questionnaires so submitted shall be returned to the bidders after having served their purpose. [L 1959, c 245, §2; am L 1962, c 5, §3; Supp, §7B-2; HRS §102-3; gen ch 1985]
Case Notes
Bidders qualifications may be considered after bids have been received and considered as well as before. 47 H. 499, 393 P.2d 60; 5 H. App. 13, 674 P.2d 1019.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 102. Concessions on Public Property › 102-4 Advertisement for bids.

§102-4 Advertisement for bids.
Public notice of a call for bids shall be made not less than three different days statewide, with respect to any state agency, or county-wide within the particular county with respect to any county or county agency. [L 1959, c 245, §3; Supp, §7B-3; HRS §102-4; am L 2001, c 303, §3]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 102. Concessions on Public Property › 102-5 Bids; opening; rejection.

§102-5 Bids; opening; rejection.
The time of opening of such tenders shall be not less than five days after the last publication. All bids shall be sealed and delivered to the officer advertising therefor and shall be opened by the officer at the hour and place to be stated in the call for tenders in the presence of all bidders who attend, and may be inspected by any bidder. All bids which do not comply with the requirements of the call for tenders shall be rejected. The officer calling for bids may reject any or all bids and waive any defects when in the officer's opinion such rejection or waiver will be for the best interest of the public. [L 1959, c 245, §4; Supp, §7B-4; HRS §102-5; gen ch 1985]
Case Notes
Mandamus compelling acceptance of bid is inapplicable when officer has discretion to reject any and all bids. 47 H. 499, 393 P.2d 60.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 102. Concessions on Public Property › 102-6 Deposits of legal tender, etc., to accompany bid.

§102-6 Deposits of legal tender, etc., to accompany bid.
(a) All bids shall be accompanied by a deposit of legal tender or by 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, in a sum not less than five per cent of the amount bid, payable at sight or unconditionally assigned to the officer advertising for tenders; provided that when the amount bid exceeds $50,000, the deposit shall be in a sum not less than $2,500 plus two per cent of the amount in excess of $50,000.
If the bid deposit is in the form of a surety bond, it shall be issued in accordance with subsection (b).
(b) A bid may be accompanied by a surety bond executed to the officer calling for bids by the bidder as principal and by any bonding company listed in the United States Treasury List; provided that the bond furnished by any surety listed shall not exceed the bonding capacity rating of that surety on the Treasury List; in a sum of equal amount, conditioned upon the bidder entering into the contract and furnishing satisfactory security within ten days after the award or within any further time as the officer may allow, if the bidder is awarded the contract. [L 1959, c 245, §5; am L 1962, c 5, §4; Supp, §7B-5; am L 1967, c 142, §1; HRS §102-6; am L 1975, c 167, §2; am L 1976, c 88, §2; am L 1983, c 108, §1; am L 1990, c 345, §2; am L 1992, c 274, §2; am L Sp 1993, c 8, §3; am L 1994, c 186, §3]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 102. Concessions on Public Property › 102-7 Forfeiture of deposits, return thereof.

§102-7 Forfeiture of deposits, return thereof.
If the bidder to whom the contract is awarded fails or neglects to enter into the contract and furnish satisfactory security, as required by sections 102-11 and 102-12, within ten days after the award or within such further time as the officer awarding the contract may allow, the officer shall pay the amount of the deposit into the treasury as a realization of the State, county or other governmental agency, as the case may be. If the contract is entered into and the security furnished within the required time, the deposit, certificate, or check shall be returned to the successful bidder. The deposits made by the unsuccessful bidders shall be returned to them after the contract is entered into or, if the contract is not awarded or entered into, after the officer's determination to publish another call for tenders. [L 1959, c 245, §6; Supp, §7B-6; HRS §102-7]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 102. Concessions on Public Property › 102-8 Bond may be substituted for deposits.

§102-8 Bond may be substituted for deposits.
In lieu of the deposits prescribed by section 102-6, a bid may be accompanied by a surety bond executed to the officer calling for bids by the bidder as principal and by any corporation organized for the purpose of becoming surety on bonds, authorized under the laws of the United States or of the State to act as surety and doing business in the State under the laws of the United States or of the State, if a foreign corporation, and under the laws of the State, if a Hawaii corporation, as surety, in a penal sum of equal amount, conditioned upon the bidder entering into the contract and furnishing satisfactory security within ten days after the award or within any further time as the officer may allow, if the bidder is awarded the contract. [L 1959, c 245, §7; Supp, §7B-7; HRS §102-8; am L 1990, c 345, §3; am L 1992, c 274, §3]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 102. Concessions on Public Property › 102-9 Contracts to be in writing; highest responsible bidder.

§102-9 Contracts to be in writing; highest responsible bidder.
All such contracts shall be in writing, shall be executed by the officer letting the contract in the name of the State, county, or the board, bureau, or commission thereof authorized to let contracts in its own name, as the case may be, and shall be made with the highest responsible bidder, if such bidder qualifies by providing the security required by sections 102-11 and 102-12. If the highest and best bid or any other bid is rejected, or if the bidder to whom the contract was awarded fails to enter into the contract and furnish satisfactory security, the officer may, in the officer's discretion, award the contract to the next highest and best remaining responsible bidder. [L 1959, c 245, §8; Supp, pt of §7B-8; HRS §102-9; gen ch 1985]
Case Notes
Mandamus will not be granted unsuccessful bidder where contract has been executed and there has been part performance by awardee; taxpayer's suit contesting award of contract under invalid specifications. 47 H. 499, 393 P.2d 60.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 102. Concessions on Public Property › 102-10 Modification of contract terms.

§102-10 Modification of contract terms.
If during the term of the contract (including contracts which have been executed and are presently in force) there has been a reduction of fifteen per cent or more in the volume of business of the concessionaire for a period of sixty days or more, computed on the average monthly gross income for the eighteen months just prior to the period or as long as the concessionaire has been in the business, whichever period is shorter, and such reduction as determined by the officer letting the contract is caused by construction work conducted during the period of time on, or within or contiguous to, the public property upon which the concession is located by either the state or county governments, or both, the officer, with the approval of the governor in the case of a state officer and the chief executive of the respective county in the case of a county officer, may modify any of the terms of the contract, including the agreed upon rent, for a period which will allow the concessionaire to recoup the amount lost by such reduction; provided that if the contract includes provisions allowing modification for the above contingencies, this section shall not be applicable thereto; provided further that this provision shall not apply to any particular concession if the application thereto may impair any contractual obligations with bondholders of the State or counties or with any other parties. [L 1963, c 93, §5; Supp, pt of §7B-8; HRS §102-10]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 102. Concessions on Public Property › 102-11 Security for performance; conditions.

§102-11 Security for performance; conditions.
(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]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 102. Concessions on Public Property › 102-12 Surety on bond; justification.

§102-12 Surety on bond; justification.
A surety company authorized to do business under the laws of the State may be accepted as surety on the bond, whenever, in the opinion of the officer letting the contract, the rights of all parties in interest will be fully protected. If the surety or sureties on the bond, whether individual or corporate, shall be other than a surety company authorized to do business under the laws of the State, there shall be not more than four sureties who shall severally justify in such amounts as, taken together, will aggregate the full amount of the bond; provided that in the case of the other sureties the officer letting the contract shall require that the surety shall also severally deposit with the officer certified checks, certificates of deposit, or share certificates (unconditionally assigned or on demand on or after such period as the officer may stipulate) or bonds, stocks, or other negotiable securities, or execute and deliver to the officer a deed of trust of real property, all of such character as shall be satisfactory to the officer, each surety to furnish the security to the full cash value of one hundred per cent of the amount for which the surety shall so have justified; provided further that the contracting officer, in the officer's discretion, may waive the necessity of furnishing the security, to any extent that the officer may deem warranted, in cases where, upon an actual examination, the officer is satisfied as to the financial responsibility of the proposed surety or sureties; provided that if there is but one personal surety the surety shall so justify for the full amount of the bond. [L 1959, c 245, §10; Supp, §7B-10; HRS §102-12; gen ch 1985; am L 1990, c 345, §4]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 102. Concessions on Public Property › 102-13 Amendment of contracts, when authorized.

§102-13 Amendment of contracts, when authorized.
Where there is an outstanding contract, lease, license, permit, or any other such arrangement for the operation of concessions or concession spaces on governmental property, the parties may amend the instrument to permit a related use with an increased rental adjustment where the lessee, licensee or permittee, as the case may be, can show financial hardship arising out of changes of circumstances or otherwise, if required to continue operation under the original permitted use. [L 1962, c 5, §5; Supp, §7B-11.5; HRS §102-13]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 102. Concessions on Public Property › 102-15 Violation voids contract.

§102-15 Violation voids contract.
After May 31, 1959, any contract awarded or executed in violation of sections 102-1 to 102-12 shall be void. [L 1959, c 245, §11; Supp, §7B-11; HRS §102-15]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 102. Concessions on Public Property › 102-16 Penalty.

§102-16 Penalty.
Any officer of the State or of any municipal, county, or other political subdivision thereof, or any person acting under or for such officer or any other person who violates any provisions of sections 102-1 to 102-12 shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1959, c 245, §12; Supp, §7B-12; HRS §102-16]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-1 What warrants prohibited.

§103-1 What warrants prohibited.
No warrants shall be drawn for any sum on account of any salary or payroll in excess of the amount then due, nor shall any warrant for any purpose be drawn except in accordance with the provisions of law. [L 1909, c 62, §4; RL 1925, §1480; RL 1935, §110; RL 1945, §367; RL 1955, §9-1; HRS §103-1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-2 General fund.

§103-2 General fund.
All revenues of the State or of any agency thereof not specifically appropriated to other purposes shall be general realizations of the State to be available for general use in financing government operations and services, which revenues and realizations in their aggregate are herein referred to as the "general fund". Expenditures from this fund shall be authorized by the legislature through appropriations or otherwise, and expenditures shall be made in accordance with laws and regulations governing the expenditure of public funds generally. [L 1959, c 265, §2; Supp, §9-1.1; HRS §103-2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-4 Expenditure from general appropriation unlawful, when.

§103-4 Expenditure from general appropriation unlawful, when.
Whenever a specific appropriation is made for a particular object, it shall be unlawful to make any expenditure from a general appropriation which would otherwise cover such particular object. [L 1909, c 62, §5; RL 1925, §1481; RL 1935, §111; RL 1945, §368; RL 1955, §9-3; HRS §103-4]
Case Notes
Use of prison labor on project exhausted of funds held proper. 8 H. 129.
Referred to: 39 H. 308, 321.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-5 Emergency expenditures from general appropriations.

§103-5 Emergency expenditures from general appropriations.
No expenditure shall be made under any general appropriation for emergencies except for urgent causes arising when the legislature is not in session, or without the approval of the governor. [L 1909, c 62, §6; RL 1925, §1482; RL 1935, §112; RL 1945, §369; RL 1955, §9-4; HRS §103-5]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-6 Temporary use of funds.

§103-6 Temporary use of funds.
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.
Attorney General Opinions
General obligation bond funds may be used to temporarily augment the general fund. Att. Gen. Op. 72-11.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-7 Capital improvements; authorizations for; emergency repairs or reconstruction, exception.

§103-7 Capital improvements; authorizations for; emergency repairs or reconstruction, exception.
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. [L 1961, c 75, §1; Supp, §9-5.5; am L 1967, c 272, §1; HRS §103-7; am L 1989, c 261, §4]
Attorney General Opinions
Money appropriated for specific purpose cannot be used for another purpose. Att. Gen. Op. 70-4.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-8.5 Works of art special fund.

§103-8.5 Works of art special fund.
(a) There is created a works of art special fund, into which shall be transferred one per cent of all state fund appropriations for capital improvements designated for the construction cost element; provided that this transfer shall apply only to capital improvement appropriations that are designated for the construction or renovation of state buildings. The one per cent transfer requirement shall not apply to appropriations from the passenger facility charge special fund established by section 261-5.5 and the rental motor vehicle customer facility charge special fund established under section 261-5.6.
(b) The works of art special fund shall be used solely for the following purposes:
(1) Costs related to the acquisition of works of art, including any consultant or staff services required to carry out the art in public places and relocatable works of art programs;
(2) Site modifications, display, and interpretive work necessary for the exhibition of works of art;
(3) Upkeep services, including maintenance, repair, and restoration of works of art;
(4) Storing and transporting works of art.
(c) The one per cent amount, which is included in all capital improvement appropriations, shall be calculated at the time the appropriation bills are signed into law. The moneys shall be transferred into the works of art special fund upon availability of moneys from the appropriations. Each agency receiving capital improvement appropriations shall calculate the one per cent amount and transfer the moneys into the works of art special fund.
(d) The comptroller and the state foundation on culture and the arts shall decide on the specific art objects to acquire, giving first consideration to placing appropriate pieces of art at the locations of the original appropriation.
The selection of, commissioning artists for, reviewing of design, execution, and placement of, and the acceptance of works of art shall be the responsibility of the comptroller and the state foundation on culture and the arts in consultation with the affected agency or department.
Expenditures from the works of art special fund shall be made by the comptroller.
(e) The comptroller shall:
(1) Provide each agency receiving capital improvement appropriations with information regarding items that shall be included and excluded from the one per cent amount;
(2) Ensure that each agency calculates its one per cent amount correctly; and
(3) Ensure that each agency transfers the correct amount to the works of art special fund in a timely manner.
(f) The comptroller and the executive director shall track amounts due from each agency under the one per cent requirement as provided in this section. [L 1989, c 389, §1; am L 1999, c 80, § §5, 8(1); am L 2003, c 178, §59 and c 213, §16; am L 2004, c 101, §3; am L 2008, c 226, §5]
Note
Filipino veterans of World War II monument. L 2017, c 35.
Cross References
Student art work, see §9-4.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-9 False certificates or approval; penalty.

§103-9 False certificates or approval; penalty.
Any public officer or employee who falsely certifies or approves for payment any bill or voucher, or any claim against the State or any county; or who causes or authorizes the purchase of any materials or supplies or the performance of any service or labor on behalf or for the benefit of the State or any county, in the absence of any appropriations, or in excess of any appropriations made for such purposes, with the intent that the materials or supplies so purchased or the service or labor so performed shall be paid for by the State or county shall be fined not more than $500, or imprisoned not more than one year, or both. [L 1909, c 62, §7; am L 1915, c 86, §1; RL 1925, §1484; am L 1933, c 6, §1; RL 1935, §114; RL 1945, §371; RL 1955, §9-6; HRS §103-9; am L Sp 1993, c 8, §4]
Cross References
Use of appropriation for preservation of historical sites, see §6E-9.
Case Notes
Cited: 30 H. 791.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-10 Payment for goods and services.

§103-10
Payment for goods and services.
(a) Any person who renders a proper statement for goods delivered or services performed, pursuant to contract, to any agency of the State or any county, shall be paid no later than thirty calendar days following receipt of the statement or satisfactory delivery of the goods or performance of the services. In the event circumstances prevent the paying agency from complying with this section, the person shall be entitled to interest from the paying agency on the principal amount remaining unpaid at a rate equal to the prime rate for each calendar quarter plus two per cent, commencing on the thirtieth day following receipt of the statement or satisfactory delivery of the goods or performance of the services, whichever is later, and ending on the date of the check. As used in this subsection, "prime rate" means the prime rate as posted in the Wall Street Journal on the first business day of the month preceding the calendar quarter.
(b) This section shall not apply in those cases where delay in payment is due to:
(1) A bona fide dispute between the State or any county and the contractor concerning the services or goods contracted for;
(2) A labor dispute;
(3) A power or mechanical failure;
(4) Fire;
(5) Acts of God; or
(6) Any similar circumstances beyond the control of the State or any county.
Where the time of payment is contingent upon the receipt of federal funds, or federal approval, the solicitation of bids for contracts shall clearly state that payment is contingent upon those conditions. If the solicitation for bids contains the warning and a contract is awarded in response to the solicitation then interest shall not begin to accrue upon any unpaid voucher until the thirtieth day following receipt by the State or county of the contractor's statement or the thirtieth day following receipt of the federal funds or approval, whichever occurs later, and shall end as of the date of the check.
(c) All goods or services purchased by a state agency which are less than $25, except those purchased through the use of a state procurement card, shall be paid from the petty cash funds of the agency; provided that the comptroller may establish a higher threshold for petty cash payments and may grant exceptions to this requirement.
(d) Any other law to the contrary notwithstanding, the payments for goods and services obtained through use of any state or county procurement card shall be made under the terms and conditions specified in the contract under which the procurement card was established. [L 1967, c 292, §2; HRS §103-10; am L 1977, c 95, §1; am L 1984, c 235, §1; am L 1985, c 281, §1; am L 1988, c 389, §1; am L 1990, c 87, §1; am L 1996, c 213, §1; am L 2003, c 51, §2; am L 2004, c 203, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-11 Rules of comptroller.

§103-11 Rules of comptroller.
The comptroller shall adopt rules pursuant to chapter 91 as necessary, for the purposes of this chapter. Any violation of the rules shall be subject to the penalties prescribed in section 103-9. [L 1911, c 47, §2; RL 1925, §1485; RL 1935, §115; RL 1945, §372; RL 1955, §9-7; am L 1957, c 152, §1; am L 1965, c 96, §3; HRS §103-11; am L 1999, c 149, §6]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-12 Capital improvement projects; personnel training; management.

§103-12 Capital improvement projects; personnel training; management.
(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]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-23, 23.2, 23.5, 24 REPEALED.

§ §103-23, 23.2, 23.5, 24 REPEALED.
L Sp 1993, c 8, § §27 to 30.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-24.5 REPEALED. L 1994, c 186, §20. Note L 1994, c 186, §28 purports to amend this section.

§103-24.5
REPEALED.
L 1994, c 186, §20.
Note
L 1994, c 186, §28 purports to amend this section.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-32.2 Substitution of retainage.

§103-32.2 Substitution of retainage.
Any other law to the contrary notwithstanding, any public contract may provide that the procurement officer may enter into an agreement with the contractor which will allow the contractor to withdraw from time to time the whole or any portion of the sum retained under section 103-32.1 upon depositing with the procurement officer any general obligation bond of the State or its political subdivisions with a market value not less than the sum to be withdrawn; provided that the procurement officer may require that the total market value of such bond be greater than the sum to be withdrawn. [L 1976, c 167, pt of §1; am L 1977, c 32, §1; am L 1999, c 149, §8]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-33, 33.5, 34 to 39 REPEALED.

§ §103-33, 33.5, 34 to 39 REPEALED.
L Sp 1993, c 8, § §39 to 46.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-39.5 Construction, renovation, or repair of school facilities; county permit exemption.

§103-39.5 Construction, renovation, or repair of school facilities; county permit exemption.
Any contract for the construction, renovation, or repair of public school facilities shall be exempt from any requirement of a county that related off-site improvements be made by the contracting government agency as a condition to the issuance of any permit. [L 1992, c 257, §1; am L 1999, c 149, §9]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-40 Federal-aid highway contracts.

§103-40 Federal-aid highway contracts.
Anything in section 103D-309 to the contrary notwithstanding, any federal-aid highway contract shall be binding and of force if the director of finance certifies that the director anticipates the accrual of an amount in the highway fund sufficient to pay the State's share of the contract before the performance contracted for is completed. [L 1965, c 147, §1; Supp, §9-36.5; HRS §103-40; gen ch 1985; am L Sp 1993, c 8, §9]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-41 to 45 REPEALED.

§ §103-41 to 45 REPEALED.
L 1994, c 186, §21.
Note
L 1994, c 186, § §29 and 30 purport to amend § §103-42 and 103-43.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-46 to 48 REPEALED.

§ §103-46 to 48 REPEALED.
L 1994, c 186, §22.
Note
L 1994, c 186, §31 purports to amend §103-48.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-55.5 Wages and hours of employees on public works construction contracts.

§103-55.5 Wages and hours of employees on public works construction contracts.
(a) Before any bidder or offeror enters into a contract for construction of a public work project in excess of $2,000, which is subject to chapter 104, the bidder or offeror shall affirm the bidder's or offeror's intent to comply with the requirements of chapter 104 by certifying that:
(1) Individuals engaged in the performance of the contract on the job site shall be paid:
(A) Not less than the wages that the director of labor and industrial relations shall have determined to be prevailing for corresponding classes of laborers and mechanics employed on public works projects; and
(B) Overtime compensation at one and one-half times the basic hourly rate plus fringe benefits for hours worked on Saturday, Sunday, or a legal holiday of the State or in excess of eight hours on any other day; and
(2) All applicable laws of the federal and state governments relating to workers' compensation, unemployment compensation, payment of wages, and safety shall be fully complied with.
(b) No contract for construction of any public work project in excess of $2,000 shall be granted unless all the conditions of this section are met.
(c) It shall be the duty of the governmental contracting agency awarding the contract for construction of a public work project in excess of $2,000 to enforce this section. [L 2002, c 215, §2]
Cross References
Employment of state residents on construction procurement contracts, see chapter 103B.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-55.6 Public works construction; apprenticeship agreement.

§103-55.6 Public works construction; apprenticeship agreement.
(a)
A governmental body, as defined in section 103D-104, that enters into a public works contract under this chapter having an estimated value of not less than $250,000, shall decrease the bid amount of a bidder by five per cent if the bidder is a party to an apprenticeship agreement registered with the department of labor and industrial relations for each apprenticeable trade the bidder will employ to construct the public works, and in conformance with chapter 372. The lowest total bid, taking the preference into consideration, shall be awarded the contract unless the solicitation provides for additional award criteria. The contract amount awarded, however, shall be the amount of the price offered, exclusive of the preference.
(b) For purposes of subsection (a), in determining whether there is conformance with chapter 372, the procurement officer shall consider the actual number of apprentices enrolled in and the annual number of graduates of the apprenticeship program.
(c) At the time of submission of a competitive sealed bid or a competitive sealed proposal by a bidder, the bidder shall furnish written proof of being a party to a registered apprenticeship agreement for each apprenticeable trade the bidder will employ to construct the public works and, if awarded the contract, shall continue to certify monthly in writing that the bidder is a party to a registered apprenticeship agreement for each apprenticeable trade the bidder will employ to construct the public works for the entire duration of the bidder's work on the project. This subsection shall be deemed to be incorporated into a public works contract. A bidder who is awarded a contract shall be subject to the following sanctions if, after commencement of work, the bidder at any time during the construction is no longer a party to a registered apprenticeship agreement for each apprenticeable trade the bidder will employ to construct the public works:
(1) Temporary or permanent cessation of work on the project, without recourse to breach of contract claims by the bidder; provided that the governmental body shall be entitled to restitution for nonperformance or liquidated damages, as appropriate; or
(2) Proceedings to debar or suspend under section 103D-702.
(d) For purposes of this section, "bidder" means an entity that submits a competitive sealed bid under section 103D-302 or submits a competitive sealed proposal under section 103D-303. [L Sp 2009, c 17, §1]
Cross References
Employment of state residents on construction procurement contracts, see chapter 103B.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103. Expenditure of Public Money and Public Contracts › 103-72 Transcription of instructional materials.

§103-72 Transcription of instructional materials.
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. [L 1987, c 358, §1; am L 1999, c 149, §11]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103B. Employment of State Residents on Construction Procurement Contracts › 103B-1 Definitions.

§103B-1 Definitions.
As used in this chapter:
"Construction" has the same meaning as in section 103D-104.
"Contract" means contracts for construction under chapter 103D.
"Contractor" has the same meaning as in section 103D-104; provided that "contractor" includes a subcontractor where applicable.
"Procurement officer" has the same meaning as in section 103D-104.
"Resident" means a person who is physically present in the State at the time the person claims to have established the person's domicile in the State and shows the person's intent is to make Hawaii the person's primary residence.
"Shortage trade" means a construction trade in which there is a shortage of Hawaii residents qualified to work in the trade. [L 2010, c 68, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 103B. Employment of State Residents on Construction Procurement Contracts › 103B-2 Application of chapter.

§103B-2 Application of chapter.
(a) This chapter shall apply to all construction procurements under chapter 103D; provided that this chapter shall not apply to procurements for professional services under section 103D-304 and procurements for small purchases under [section] 103D-305.
(b) This chapter shall apply to any subcontract of $50,000 or more in connection with any general contract otherwise covered by this chapter. [L 2010, c 68, pt of §2]