SB 3249 Hawaii Senate · 2026 Regular Session

RELATING TO PROCUREMENT PROTESTS.

Summary
Requires the forfeiture of half of the cash or protest bond for review of procurement-related disputes if the initiating party does not prevail in an administrative proceeding and the Office of Administrative Hearings finds that the appeal was made in bad faith. Effective 1/1/2525. (SD1)
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House Passage
Governor
Introduced Jan 28, 2026 Last action Mar 12, 2026
Maddy AI version diff · 1 comparison

What changed between versions

SB3249 SB3249_SD1 · 3 edits
MINOR
The bill was amended to change the penalty for unsuccessful procurement protests from a full forfeiture of the bond to a forfeiture of only half the bond. This change also adds a specific condition requiring the Office of Administrative Hearings to find the appeal was made in bad faith before the forfeiture occurs. Additionally, the bill's effective date was moved from immediate approval to January 1, 2525.
Scope change
The scope of the penalty was narrowed by introducing a 'bad faith' requirement for forfeiture, meaning the full penalty no longer applies in all cases where a party loses.
REQUIREMENT

The requirement for forfeiture was changed from automatic to conditional, now requiring a finding of bad faith by the Office of Administrative Hearings.

The financial penalty was reduced from 100% forfeiture of the cash or protest bond to 50% forfeiture.

TIMELINE

The effective date of the Act was changed from upon approval to January 1, 2525.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
16
Key actions
6
Committee
7
Mar 12, 2026
Committee
Referred to FIN, referral sheet 17
lower
Mar 10, 2026
Introduced
Received from Senate (Sen. Com. No. 389) in amended form (SD 1).
lower
Mar 10, 2026
Upper · Passed
Report Adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: Senator(s) Elefante. Noes, 0 (none). Excused, 0 (none). Transmitted to House.
upper
Mar 5, 2026
Upper · Passed
The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, Awa; Aye(s) with reservations: Senator(s) San Buenaventura ; 0 No(es): none; and 0 Excused: none.
upper
Feb 25, 2026
Upper · Passed
The committee(s) on JDC will hold a public decision making on 03-05-26 10:01AM; Conference Room 016 & Videoconference.
upper
Feb 20, 2026
Upper · Passed
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
upper
Feb 20, 2026
Committee
Reported from GVO (Stand. Com. Rep. No. 2571) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
upper
Feb 12, 2026
Upper · Passed
The committee(s) on GVO recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in GVO were as follows: 5 Aye(s): Senator(s) McKelvey, Gabbard, Hashimoto, Moriwaki, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
upper
Feb 6, 2026
Upper · Passed
The committee(s) on GVO has scheduled a public hearing on 02-10-26 3:10PM; Conference Room 225 & Videoconference.
upper
Feb 2, 2026
Committee
Referred to GVO, JDC.
upper
Jan 28, 2026
Introduced
Introduced.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Sharon Moriwaki
Sharon Moriwaki
DDemocratic
HI
12