HB1080

SECTION 1. Chapter 104, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§104‑ Private public work construction contract requirements. (a) Prior to the start of construction on a project contracted between private persons covered by this chapter, the construction project owner shall sign a lease or other agreement with the State, county, or any agency of the State or county that includes provisions that require compliance with this chapter and a certification by the construction project owner that prevailing wages shall be paid as provided under this chapter.

(b) Copies of the lease or other agreement under subsection (a) 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 government leasing agency or the governmental agency accepting the construction project for its use, which shall be the governmental contracting agency for the construction project."

SECTION 2. Section 104-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) This chapter shall apply to every contract in excess of $2,000 for construction of a public work project [~~to which a governmental contracting agency is a party~~]; provided that this chapter shall not apply to experimental and demonstration housing developed pursuant to section 46-15 or housing developed pursuant to chapter 201G if the cost of the project is less than $500,000 and the eligible bidder or eligible developer is a private nonprofit corporation.

For the purposes of this subsection:

"Contract" includes but is not limited to any agreement, purchase order, or voucher in excess of $2,000 for construction of a public work project.

"Governmental contracting agency" includes any person or entity that causes either directly or indirectly the building or development of a public work.

"Party" includes eligible bidders for and eligible developers of any public work and any housing under chapter 201G; provided that this subsection shall not apply to any housing developed under section 46-15 or chapter 201G if the entire cost of the project is less than $500,000 and the eligible bidder or eligible developer is a private nonprofit corporation.

"Public work" means any project[,] under a construction contract to which a governmental contracting agency is a party, including development of any housing pursuant to section 46-15 or chapter 201G, and development, construction, renovation, and maintenance related to refurbishment of any real or personal property, where the funds or resources required to undertake the project are to any extent derived either directly or indirectly from public revenues of the State or any county, or from the sale of securities or bonds whose interest or dividends are exempt from state or federal taxes. The term includes a construction contract between private persons if more than fifty per cent of the assignable square feet of the 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 either:

(1) The lease or other agreement is entered into before the construction contract becomes 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."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1080
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII