HOUSE OF REPRESENTATIVES

H.B. NO.

713

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CONTRACTORS.

 

 

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

 


SECTION 1. Section 104-22, Hawaii Revised Statutes, is amended to read as follows:

"104-22 Investigation; penalties. (a) The department may conduct investigations to determine compliance with this chapter. The department may enter the job site, examine records of any contractor, either during or after the performance of any contract, or subpoena the records. The department may also interview employees during working hours on the job.

(b) If any contractor interferes with or delays any investigation by the department, the governmental contracting agency, on receipt of written notice from the director of the interference or delay, shall withhold from the contractor all further payments until the director has notified the governmental contracting agency in writing that the interference or delay has ceased. Interference or delay includes failure to provide requested records under section 104-3; failure to allow employees to be interviewed during working hours on the job; and falsification of records required under this chapter. The department shall assess a penalty of $10,000 per project for interference or delay. For each day thereafter that the employer fails to cooperate, the director shall assess a penalty of $1,000 per project.

(c) The department may provide training for and deputize no fewer than       persons to serve as volunteer investigators to conduct investigations pursuant to this section. Any volunteer investigator deputized by the department who, in good faith, provides services pursuant to this chapter shall not be liable in any civil action for damages as a result of any acts or omissions in conducting or participating in an investigation; provided that the skill and care given is that ordinarily required and exercised by an investigator.

(d) The department shall adopt rules in accordance with chapter 91 to implement this section."

SECTION 2. The department of labor and industrial relations shall submit reports of its findings and recommendations, including any proposed legislation, to the legislature not less than twenty days prior to the convening of the regular sessions of 2016, 2017, and 2018, on the effectiveness of the training and deputizing of the volunteer investigators within public work projects.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the training and deputizing of volunteer investigators investigating in public work projects.

The sums 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, 2112.


 


 

Report Title:

Volunteer Investigators; Public Works Projects; Appropriations

 

Description:

Allows the Department of Labor and Industrial Relations to train and deputize volunteer investigators investigating public work projects. Requires the Department of Labor and Industrial Relations to submit reports and adopt rules. Appropriates moneys. (HB713 HD2)

 

 

 

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