HOUSE OF REPRESENTATIVES

H.B. NO.

377

TWENTY-NINTH LEGISLATURE, 2017

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO WORKERS' COMPENSATION.

 

 

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

 


SECTION 1. Chapter 386, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"386-   Building permits; workers' compensation

coverage. (a) Each county that requires the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition, or repair of any building or structure shall also require that each applicant for such a permit, as a condition to the issuance of the permit:

(1) Provide to the county a signed declaration under penalty of perjury that the applicant, including the applicant's subcontractors, if any, have secured workers' compensation coverage or state-approved self-insurance in accordance with this chapter. The declaration shall also provide the name and workers' compensation policy of the applicant and the applicant's subcontractors, and the applicant and the applicant's subcontractors' federal or state employer identification numbers; or

(2) If the applicant or the applicant's subcontractors are exempt from this chapter, provide to the county a signed declaration, under penalty of perjury, that includes the exempt party's federal or state employer identification number and the basis for the claimed exemption.

(b) The county building permitting agency shall submit a copy of the signed declaration required by this section to the director within three business days after receiving it from the applicant.

(c) Upon receiving the signed declaration from the county building permitting agency, the director shall verify that the applicant and the applicant's subcontractors have secured workers' compensation coverage, state-approved self-insurance, or an exemption from this chapter, and the director shall notify the county building permitting agency of the director's findings in a timely manner.

(d) A permittee shall file a signed declaration, in the same manner as required in subsection (a), that verifies workers' compensation coverage, state-approved self-insurance, or an exemption from coverage under this chapter for any subcontractor hired after the issuance of the building permit.

(e) The county building permitting agency shall suspend a building permit, upon receiving notice from the director that the workers' compensation insurance, state-approved self-insured status, or exemption from this chapter, of the permittee or any subcontractor of the permittee has been cancelled or has expired. The building permit shall be suspended until coverage is obtained for all work performed pursuant to the building permit."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2050.



 

Report Title:

County Building Permits; Workers' Compensation Coverage

 

Description:

Requires building permit applicant and their subcontractors to have and verify workers' compensation coverage or an exemption from coverage. Requires coordinated communication between county building permitting agencies and the Director of Labor and Industrial Relations to ensure compliance. (HB377 HD1)

 

 

 

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