Report Title:

Little Davis Bacon Act; Fringe Benefits; Department of Labor and Industrial Relations

Description:

Requires a certified fringe benefit reporting form which may be approved for use or provided by the department of labor and industrial relations that itemizes the cost of fringe benefits paid to both union and non-union laborers who perform work for the construction, alteration, or repair of public buildings and public works to be submitted weekly to the governmental contracting agency for review.  Effective 07/01/2010.  (SB1181 HD1)

THE SENATE	S.B. NO.	1181
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 2
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO LABOR.

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

     SECTION 1.  Section 104-3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  Every [such] contract subject to this chapter and the specifications for [such contract] those contracts shall contain a provision that a certified copy of all payrolls and a certified copy of a fringe benefit reporting form provided by, or approved for use by, the department shall be submitted weekly to the governmental contracting agency for review.  The fringe benefit reporting form shall itemize the cost of fringe benefits paid by the general contractor or subcontractor for:

(1) Health and welfare benefits;

(2) Pension and annuity benefits;

(3) Vacation benefits;

(4) Continuing education and training benefits; and

(5) Other fringe benefit costs paid by the general contractor or subcontractor.

The general contractor shall be responsible for the submission of certified copies of the payrolls of all subcontractors.  The certification shall affirm that the payrolls are correct and complete, that the wage rates contained therein are not less than the applicable rates contained in the wage determination decision of the director of labor and industrial relations attached to the contract, and that the classifications set forth for each laborer or mechanic conform with the work the laborer or mechanic performed.  Any certification discrepancy found by the contracting agency shall be reported to the general contractor and the director to effect compliance.

     (b)  Payroll records for all laborers and mechanics working at the site of the work shall be maintained by the general contractor and the general contractor's 2ubcontractors, if any, during the course of the work and preserved for a period of three years thereafter.  The records shall contain the name of each employee, the employee's correct classification, rate of pay, the itemized fringe benefit reporting form pursuant to subsection (a), daily and weekly number of hours worked, deductions made, and actual wages paid."
     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, 2010.