Bill Text: HI SB3035 | 2022 | Regular Session | Introduced
Bill Title: Relating To The Apprenticeship Agreement Preference.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-26 - Referred to GVO/LCA, WAM. [SB3035 Detail]
Download: Hawaii-2022-SB3035-Introduced.html
THE SENATE |
S.B. NO. |
3034 |
THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE APPRENTICESHIP AGREEMENT PREFERENCE.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 103-55.6, Hawaii Revised Statutes, is repealed.
["[§103-55.6] Public works construction; apprenticeship
agreement. (a) A governmental body, as defined in section
103D-104, that enters into a public works contract under this chapter having an
estimated value of not less than $250,000, shall decrease the bid amount of a
bidder by five per cent if the bidder is a party to an apprenticeship agreement
registered with the department of labor and industrial relations for each
apprenticeable trade the bidder will employ to construct the public works, and
in conformance with chapter 372. The
lowest total bid, taking the preference into consideration, shall be awarded
the contract unless the solicitation provides for additional award
criteria. The contract amount awarded,
however, shall be the amount of the price offered, exclusive of the preference.
(b) For purposes of subsection (a), in
determining whether there is conformance with chapter 372, the procurement
officer shall consider the actual number of apprentices enrolled in and the
annual number of graduates of the apprenticeship program.
(c) At the time of submission of a competitive
sealed bid or a competitive sealed proposal by a bidder, the bidder shall
furnish written proof of being a party to a registered apprenticeship agreement
for each apprenticeable trade the bidder will employ to construct the public
works and, if awarded the contract, shall continue to certify monthly in writing
that the bidder is a party to a registered apprenticeship agreement for each
apprenticeable trade the bidder will employ to construct the public works for
the entire duration of the bidder's work on the project. This subsection shall be deemed to be
incorporated into a public works contract.
A bidder who is awarded a contract shall be subject to the following
sanctions if, after commencement of work, the bidder at any time during the
construction is no longer a party to a registered apprenticeship agreement for
each apprenticeable trade the bidder will employ to construct the public works:
(1) Temporary or
permanent cessation of work on the project, without recourse to breach of
contract claims by the bidder; provided that the governmental body shall be
entitled to restitution for nonperformance or liquidated damages, as
appropriate; or
(2) Proceedings to
debar or suspend under section 103D 702.
(d) For purposes of this section,
"bidder" means an entity that submits a competitive sealed bid under
section 103D-302 or submits a competitive sealed proposal under section
103D-303."]
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Apprenticeship Agreement Preference; procurement
Description:
Repeals the public works construction bid preference for parties to registered apprenticeship agreements provided by section 103-55.6, Hawaii Revised Statutes.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.