Report Title:

Public Work Projects; Hours and Wages; Violations

Description:

Clarifies that a single violation refers to each separate project where the department of labor and industrial relations finds a contractor has failed to comply with chapter 104.  Effective July 1, 2059.  (SB957 HD1)

THE SENATE	S.B. NO.	957
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

relating to public work projects.

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

     SECTION 1.  The legislature finds that under the current law, a contractor found to be in violation of chapter 104, Hawaii Revised Statutes, is considered to have committed only one violation although violative acts may be occurring or recurring simultaneously on multiple public works projects performed by the same contractor.  The purpose of this Act is to ensure that a violation under chapter 104, Hawaii Revised Statutes, is limited to a violation that occurs within a single contract, regardless of the close proximity in time of other violations on simultaneous projects.

     SECTION 2.  Section 104-24, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  A first, second, or third violation refers to each [investigation involving one or more projects] project in which the department finds that a contractor has failed to comply with this chapter."

     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  Statutory material to be repealed is bracketed and stricken.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 on July 1, 2059.