Report Title:

Public Works; Government Contracting Agency Responsibilities

Description:

Requires government contracting agencies to pay assistants, helpers, and tenders wages and overtime compensation from accrued payment withheld under the contract.

THE SENATE

S.B. NO.

2308

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO WAGES AND HOURS ON PUBLIC WORKS.

 

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

SECTION 1. Section 104-21, Hawaii Revised Statutes, is amended to read as follows:

"104-21 Governmental contracting agency responsibilities. The governmental contracting agency shall:

(1) Pay or cause to be paid, within sixty days of a determination made by the director, directly to laborers [and], mechanics, and their assistants, helpers, and tenders, or to the director, from any accrued payment withheld under the terms of the contract, any wages or overtime compensation found to be due to laborers [or], mechanics, and their assistants, helpers, and tenders under the terms of the contract subject to this chapter, or any penalty assessed;

(2) Order any contractor to pay, within sixty days of a determination made by the director, any wages or overtime compensation which the contractor, or any of the contractor's subcontractors, should have paid to any laborer or mechanic under any contract subject to this chapter, or any penalty assessed which the contractor, or any of the contractor's subcontractors, should have paid to the director; [and];

(3) Order any contractor to pay to the director, within sixty days of a determination made by the director, any wages or overtime compensation which the contractor, or any of the contractor's subcontractors, should have paid to any laborer, mechanic, and their assistants, helpers, or tenders who were not provided for under any contract subject to this chapter; and

[(3)] (4) Report to the director any violation of this chapter, the rules adopted thereunder, or the terms of the contract subject to this chapter."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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