REPORT TITLE:
Public Works


DESCRIPTION:
Specifies that a public contractor's violation of the wages and
hours laws on public works be a knowing violation.  Clarifies
that suspension applies to prospective contracts.  Specifies that
penalty can be under 10% of contract amount.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1733       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO WAGES AND HOURS ON PUBLIC WORKS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 104-24, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  Where a second or third violation occurs, whether on
 
 4 the same contract or another, within two years of the first
 
 5 violation, the director[,] shall serve a written complaint on the
 
 6 person or firm involved.  If, after proper notice and opportunity
 
 7 for hearing, the director finds that the person or firm has
 
 8 knowingly violated this chapter, the rules adopted thereunder, or
 
 9 the terms of the contract subject to this chapter, the director
 
10 shall order the person or firm in violation:
 
11      (1)  If it be a second violation, to pay a penalty of not
 
12           more than ten per cent of the contract amount; or
 
13      (2)  If it be a third violation, to be suspended from
 
14           entering into new contracts with governmental
 
15           contracting agencies as prescribed in section 104-25."
 
16      SECTION 2.  Section 104-25, Hawaii Revised Statutes, is
 
17 amended by amending subsection (a) to read as follows:
 
18      "(a)  The director shall suspend a person or firm from
 
19 [doing any work] entering into new contracts on any public work
 

 
Page 2                                                     
                                     H.B. NO.1733       
                                                        
                                                        

 
 1 of a governmental contracting agency for a period of three years
 
 2 if the person or firm:
 
 3      (1)  Commits a third violation of this chapter within two
 
 4           years from the date of the first violation;
 
 5      (2)  Fails to make the person's or firm's employees whole
 
 6           for wages or overtime pay due under the contract; or
 
 7      (3)  Fails to pay any penalty assessed."
 
 8      SECTION 3.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 4.  This Act shall take effect upon its approval.
 
11 
 
12                           INTRODUCED BY:  _______________________