Bill Text: HI SB292 | 2019 | Regular Session | Amended
Bill Title: Relating To Labor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-07-09 - Act 219, 07/02/2019 (Gov. Msg. No. 1321). [SB292 Detail]
Download: Hawaii-2019-SB292-Amended.html
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THE SENATE |
S.B. NO. |
292 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LABOR.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The legislature finds that the Hawaii
Supreme Court's decision in Konno v. County of Hawaii, 85 Haw. 61
(1997), affirmed that civil service jobs cannot be performed by private
contractors if the work involved has been customarily and historically provided
by civil servants.
The legislature further finds that service employees of contractors under state or county contracts require greater wage protection than is currently afforded. Unlike chapter 104, Hawaii Revised Statutes, which covers public works construction, section 103-55, Hawaii Revised Statutes, does not provide sufficient provisions to ensure compliance.
The purpose of this Act is to ensure that service employees of state or county contractors are paid at wages or salaries that are certified to be accurate and in accordance with applicable labor laws under chapter 104, Hawaii Revised Statutes, so as to be consistent with the Supreme Court's decision in Konno.
SECTION 2. Section 103-55, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Before any offeror enters into a contract to perform services in excess of $25,000 for any governmental agency, the offeror shall certify that the services to be performed will be performed under the following conditions:
Wages. The services to be rendered shall be performed by employees paid at wages or salaries not less than the wages paid to public officers and employees for similar work.
Compliance with labor laws. All applicable laws of the federal and state governments relating to workers' compensation, unemployment compensation, payment of wages, and safety will be fully complied with. Certified payrolls shall be submitted for service contracts in excess of $500,000, and the administration and enforcement thereof shall be in accordance with sections 104-2(d), 104-2(e), 104-3, 104-4, and 104-21 to 104-33."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2051.
Report Title:
Wages; Labor; Contractors; Payroll
Description:
Requires that a contractor contracting for services in excess of $500,000 with a civil servant submit certified payrolls and comply with certain wages and hours laws. Effective 1/1/2051. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
