Bill Text: HI SB800 | 2013 | Regular Session | Introduced

---

Bill Title: Public Works Construction; Prevailing Wages; Collective Bargaining Unit

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-01-22 - Referred to JDL, WAM. [SB800 Detail]

Download: Hawaii-2013-SB800-Introduced.html

---

THE SENATE	S.B. NO.	800
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to public works construction.

 

 

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

 

     SECTION 1.  Section 103-55.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Before any bidder or offeror enters into a contract for construction of a public work project in excess of $2,000, which is subject to chapter 104, the bidder or offeror shall affirm the bidder's or offeror's intent to comply with the requirements of chapter 104 by certifying that:

     (1)  Individuals engaged in the performance of the contract on the job site shall be paid:

         (A)  Not less than the wages that the director of labor and industrial relations shall have determined to be prevailing for corresponding classes of laborers and mechanics employed on public works projects; provided that nothing in this subparagraph shall be construed to require that the individuals shall be represented by an exclusive representative under a collective bargaining agreement; and

         (B)  Overtime compensation at one and one-half times  the basic hourly rate plus fringe benefits for hours worked on Saturday, Sunday, or a legal holiday of the State or in excess of eight hours on any other day; and

     (2)  All applicable laws of the federal and state governments relating to workers' compensation, unemployment compensation, payment of wages, and safety shall be fully complied with."

     SECTION 2.  Section 104-2, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(b)  Every laborer and mechanic performing work on the job site for the construction of any public work project shall be paid no less than prevailing wages; provided that:

     (1)  The prevailing wages shall be established by the director as the sum of the basic hourly rate and the cost to an employer of providing a laborer or mechanic with fringe benefits.  In making prevailing wage determinations, the following shall apply: 

         (A)  The director shall make separate findings of:

              (i)  The basic hourly rate; and

             (ii)  The rate of contribution or cost of fringe benefits paid by the employer when the payment of the fringe benefits by the employer constitutes a prevailing practice.  The cost of fringe benefits shall be reflected in the wage rate scheduled as an hourly rate; and

         (B)  The rates of wages which the director shall regard as prevailing in each corresponding classification of laborers and mechanics shall be the rate of wages paid to the greatest number of those employed in the State, the modal rate, in the corresponding classes of laborers or mechanics on projects that are similar to the contract work;

     (2)  The prevailing wages shall be not less than the wages payable under federal law to corresponding classes of laborers and mechanics employed on public works projects in the State that are prosecuted under contract or agreement with the government of the United States; [and]

     (3)  Notwithstanding the provisions of the original contract, the prevailing wages shall be periodically adjusted during the performance of the contract in an amount equal to the change in the prevailing wage as periodically determined by the director[.]; and

     (4)  Nothing in this subsection shall be construed to require a laborer or mechanic to be represented by an exclusive representative of a collective bargaining unit."

     2.  By amending subsection (h) to read:

     "(h)  When:

     (1)  The department of budget and finance enters a project agreement with a project party, as those terms are defined in chapter 39A, to finance or refinance a project with the proceeds of special purpose revenue bonds;

     (2)  The project party has entered into a collective bargaining agreement with a bona fide labor union governing the project party's workforce; and

     (3)  The collective bargaining agreement has been properly submitted to the director under section 104-34,

the terms of the collective bargaining agreement and associated provisions shall be deemed the prevailing wages and terms serving as the basis of compliance with this chapter for work on the project by the project party's workforce; provided that this subsection does not affect the director's enforcement powers contained in subsection (g)[.] and shall not be construed to require the project party to enter into a collective bargaining agreement."

     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; but shall not apply to any public works construction contracts or public work project contracts entered into before the effective date of this Act.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Public Works Construction; Prevailing Wages; Collective Bargaining Unit

 

Description:

Prohibits prevailing wage requirement for public works construction contracts or public work project contracts to be construed to require the retention of individuals, laborers, or mechanics who are represented by an exclusive representative of a collective bargaining unit.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.