HOUSE OF REPRESENTATIVES

H.B. NO.

2766

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC WORKS.

 

 

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

 


SECTION 1. The legislature finds that the State of Hawaii spends hundreds of millions of dollars each year on capital improvement projects. These projects often serve a dual purpose. While many of these projects are designed to improve existing infrastructure through repair and renovation, other projects include the building of new infrastructure needed to keep up with an increasingly modern and global society that continues to grow. During difficult economic times, capital improvement projects help to stimulate a lackluster economy by providing employment opportunities and increasing cash flow into the economy.

At times, however, public construction projects face issues involving adherence to wage and hour laws. With the large amount of capital the State of Hawaii spends on various projects annually, it is imperative that Hawaii's wage and hour law be strictly enforced on public construction projects.

The purpose of this Act is to ensure that Hawaii's wage and hour law is strictly enforced on public construction projects by:

(1) Establishing the wage and hour for public works projects special fund to assist the department of labor and industrial relations in enforcing Hawaii's wage and hour law on public construction projects;

(2) Requiring state departments that receive appropriations of capital improvement project funds to transfer a percentage of those appropriations into the wage and hour for public works projects special fund;

(3) Requiring the department of labor and industrial relations to provide an annual status report of the wage and hour for public works projects special fund to the legislature; and

(4) Creating additional labor law enforcement specialist IV positions within the department of labor and industrial relations to enforce Hawaii's wage and hour law and appropriating funds for the positions.

SECTION 2. Chapter 371, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"371- Wage and hour for public works projects special fund. (a) There is established in the state treasury a wage and hour for public works projects special fund.

(b) Any state department that receives an appropriation of funds for capital improvement projects shall transfer three one-hundredths of one per cent of all state fund appropriations made available for capital improvements designated for the construction cost element into the wage and hour for public works projects special fund; provided that this transfer shall apply only to capital improvement project appropriations that are designated for the construction or renovation of state buildings. The department shall not assess any fees or any other charges on any state department depositing moneys into the wage and hour for public works projects special fund.

(c) The department shall expend moneys in the wage and hour for public works projects special fund to enforce the wage and hour law on public works projects.

(d) The department shall provide an annual report to the legislature no later than twenty days prior to the convening of each regular session that provides the status of the wage and hour for public works projects special fund, including but not limited to:

(1) The amount of funds deposited into the special fund;

(2) The amount of expenditures from the special fund;

(3) The state departments that deposited moneys into the special fund; and

(4) Any other activities of the special fund."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $150,000 or so much thereof as may be necessary for fiscal year 2012-2013 for the establishment of three full-time equivalent (3.00 FTE) permanent labor law enforcement specialist IV positions in the wage standards division of the department of labor and industrial relations to enforce the wage and hour laws for employees on public works projects.

The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2012.


 


 

Report Title:

Public Works; Wage and Hour Law; Special Fund; Appropriation

 

Description:

Establishes the Wage and Hour for Public Works Projects Special Fund and establishes and funds additional labor law enforcement specialist IV positions to assist the enforcement of Hawaii's wage and hour law on public construction projects. Specifies a funding mechanism for the special fund and requires an annual report. Effective July 1, 2012. (HB2766 HD1)

 

 

 

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