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THE SENATE |
S.B. NO. |
3223 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to Public Works.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 104-24, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) Where the department finds that a second
violation of this chapter has been committed, whether on the same or another
contract, within two years of the first notification of violation, the department,
after proper notice and opportunity for hearing, shall order the person [or] and firm
in violation to pay a penalty equal to the amount of back wages found due or
$500 for each offense, up to $5,000, whichever is greater.
(c)
Where the department finds that a third violation of this chapter has
been committed, whether on the same or another contract, within three years of
the second notification of violation, the department, after proper notice and
opportunity for hearing, shall order the person [or] and firm in violation:
(1) To pay a penalty equal to two times the amount of back wages found due or $1,000 for each offense, up to $10,000, whichever is greater; and
(2) To be suspended from doing any new work on any public work of a governmental contracting agency for a period of three years except as provided in section 104‑25(a)(2). "New work on any public work" includes any public works project in which the suspended person or firm has not begun work at the job site as of the date of the suspension order. The suspension shall be effective on the later of the twenty-first day after the notification of violation has been sent, or upon the issuance of a decision pursuant to section 104‑23(c)."
SECTION 2. Section 104-25, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a)
The director shall suspend a person [or] and firm as
follows:
(1) For
a first or second violation, if a person or firm fails to pay wages found due,
any penalty assessed, or both, the person [or] and firm shall be
immediately suspended from doing any work on any public work of a governmental
contracting agency until all wages and penalties are paid in full;
(2) For
a third violation, the suspension shall be as prescribed in section 104-24(c);
provided that, if the person or firm continues to violate this chapter or fails
to pay wages found due or any penalty assessed, or both, then the person [or]
and firm shall immediately be suspended from doing any work on any
public work of a governmental contracting agency for a mandatory three-year
period. If after the three-year
suspension period the wages found due or penalties assessed are still unpaid,
the suspension shall remain in force until payment is made in full; or
(3) For falsification
of records, or for delay or interference with an investigation pursuant to
section 104-22, the person [or]
and firm shall be immediately suspended for a period of three
years."
2. By
amending subsection (c) to read:
"(c) No contract shall be awarded to the person [or] and firm
so suspended or to any firm, corporation, partnership, or association in which
the person or firm has
an interest, direct or indirect, until three years have elapsed from the date
of suspension, unless the period of suspension is reduced as herein
provided. Any contract awarded in
violation of this subsection shall be void."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Wages and Hours of Employees on Public Works; Violations; Penalties; Suspension
Description:
Imposes penalty on both the person and firm upon finding of repeat violations of state law governing wages and hours of employees on public works.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.