Report Title:

Public Works; Construction Contracts

Description:

Includes as public works, construction contracts using public lands for commercial, for-profit activity.

THE SENATE	S.B. NO.	2780
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PUBLIC WORKS.

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

     SECTION 1.  Section 104-2.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§104-2.5[]]  Public work requirements; private construction contracts.  (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.

(d)  Public work shall also include a construction contract between private persons using state or county land for commercial, profit making activity.  The requirement shall be included in the lease or other agreement for the use of the state or county land.  Copies of the lease or other agreement shall be filed with the department.  The construction project owner shall submit weekly certified payrolls to the governmental agency entering into the agreement for the use of state land, which shall be the governmental contracting agency for the construction project."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2008.

INTRODUCED BY:

_____________________________