Bill Text: HI HB2205 | 2018 | Regular Session | Introduced


Bill Title: Relating To Labor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-26 - Referred to LAB, FIN, referral sheet 8 [HB2205 Detail]

Download: Hawaii-2018-HB2205-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

2205

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LABOR.

 

 

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

 


     SECTION 1.  The purpose of this Act is to include work performed by utility workers for the construction of public work projects under the wages and hours of employees on public works law.

     SECTION 2.  Section 104-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Utility work" means:

     (1)  Construction completed by workers in the electric, natural gas, water, sewer, and other utility industries;

     (2)  Activities performed by workers in the electric, natural gas, water, sewer, and other utility industries; provided that the activity is an integral part of or in conjunction with a construction contract; or

     (3)  Substantial construction activities performed by workers in the electric, natural gas, water, sewer, and other utility industries in a supply, service, or other type of non-construction contract."

     2.  By amending the definition of "construction" to read:

     ""Construction" includes alteration, repair, painting, [and] decorating[.], and utility work."

     SECTION 3.  Section 104-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Every laborer and mechanic performing work, including utility work, on the job site for the construction of any public work project shall be paid no less than prevailing wages; provided that:

     (1)  The prevailing wages shall be established by the director as the sum of the basic hourly rate and the cost to an employer of providing a laborer or mechanic with fringe benefits.  In making prevailing wage determinations, the following shall apply:

          (A)  The director shall make separate findings of:

              (i)  The basic hourly rate; and

             (ii)  The rate of contribution or cost of fringe benefits paid by the employer when the payment of the fringe benefits by the employer constitutes a prevailing practice.  The cost of fringe benefits shall be reflected in the wage rate scheduled as an hourly rate; and

          (B)  The rates of wages which the director shall regard as prevailing in each corresponding classification of laborers and mechanics shall be the rate of wages paid to the greatest number of those employed in the State, the modal rate, in the corresponding classes of laborers or mechanics on projects that are similar to the contract work;

     (2)  Except for the project prevailing wages established by subsections (h) and (i), the prevailing wages shall be not less than the wages payable under federal law to corresponding classes of laborers and mechanics employed on public works projects in the State that are prosecuted under contract or agreement with the government of the United States; and

     (3)  Notwithstanding the provisions of the original contract, the prevailing wages shall be periodically adjusted during the performance of the contract in an amount equal to the change in the prevailing wage as periodically determined by the director."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Prevailing Wage; Utility Worker; Construction; Public Works

 

Description:

Defines utility work, amends the definition of construction, and amends the wages and hours of employees on public works law to include certain activities performed by workers in electric, natural gas, water, sewer, and other utility industries.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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