Bill Text: HI HB187 | 2013 | Regular Session | Introduced
Bill Title: Public Works Construction; Apprenticeship Agreements
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-22 - Referred to FIN, referral sheet 2 [HB187 Detail]
Download: Hawaii-2013-HB187-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
187 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO public works construction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 103-55.6, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) A governmental body, as
defined in section 103D-104, that enters into a public works contract under
this chapter having an estimated value of not less than [$250,000,] $500,000,
and to be performed in a county with a population of not less than five hundred
thousand, shall decrease the bid amount of a bidder by five per cent if the
bidder is a party to an apprenticeship agreement registered with the department
of labor and industrial relations for [each] an apprenticeable
trade the bidder will employ to construct the public works, and in conformance
with chapter 372. The lowest total bid, taking the preference into
consideration, shall be awarded the contract unless the solicitation provides
for additional award criteria. The contract amount awarded, however, shall be
the amount of the price offered, exclusive of the preference."
2. By amending subsection (c) to read:
"(c) At the time of submission of a
competitive sealed bid or a competitive sealed proposal by a bidder, the bidder
shall furnish written proof of being a party to a registered apprenticeship
agreement for [each] an apprenticeable trade the bidder will
employ to construct the public works [and, if]. If awarded the
contract, the bidder shall [continue to] certify [monthly]
in writing that the bidder is a party to a registered apprenticeship agreement
for [each] an apprenticeable trade that the bidder will
employ to construct the public works [for the entire duration of the
bidder's work on the project]. At the commencement of the project and
at any time during the construction, the successful bidder shall be subject to
verification by the department of labor and industrial relations. This
subsection shall be deemed to be incorporated into a public works contract. A
bidder who is awarded a contract shall be subject to the following sanctions
if, after commencement of work, the bidder at any time during the construction
is no longer a party to a registered apprenticeship agreement for each
apprenticeable trade the bidder will employ to construct the public works:
(1) Temporary or permanent cessation of work on the project, without recourse to breach of contract claims by the bidder; provided that the governmental body shall be entitled to restitution for nonperformance or liquidated damages, as appropriate; or
(2) Proceedings to debar or suspend under section 103D-702."
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.
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INTRODUCED BY: |
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Report Title:
Public Works Construction; Apprenticeship Agreements
Description:
Amends the preference of awarding public works contracts to bidders participating in an apprenticeship program by limiting application to counties with a population of not less than 500,000, increasing the threshold contract value, reducing the effect on the bidding process of the number of apprenticeable trades that the bidder plans to employ for the contract, and limiting certification of a apprenticeship agreement to the commencement of the project.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
