Bill Text: HI HB787 | 2012 | Regular Session | Introduced
Bill Title: Construction Procurement Contracts
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB787 Detail]
Download: Hawaii-2012-HB787-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
787 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PROCUREMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 103B-3, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:
"(c) Every general contractor and
every subcontractor shall comply with this chapter for the entire duration
of the contract. Certification of compliance with this chapter shall be made
under oath by an officer of the general contractor and subscontractor
to the procurement officer [on a monthly basis.] with the notice of
completion of the contract.
(d) A general contractor or subcontractor who fails to comply with this chapter shall be subject to any of the following sanctions:
(1) Temporary suspension of work on the project until the contractor or subcontractor complies with this chapter;
(2) Withholding of payment on the contract or subcontract, as applicable, until the contractor or subcontractor complies with this chapter;
(3) Permanent disqualification of the contractor or subcontractor from any further work on the project;
(4) Recovery by the State or county, as applicable, of any moneys expended on the contract or subcontract, as applicable; or
(5) Proceedings for debarment or suspension of the
contractor or subcontractor under section 103D-702[.];
provided that a general contractor shall not be sanctioned for noncompliance with this section by a subcontractor of that general contractor on the same contract."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Construction Procurement Contracts
Description:
Requires the general and subcontractor for construction procurement under the Hawaii public procurement code to file certification of compliance with the notice of final completion of the contract. Provides that the general contractor shall not be sanctioned for noncompliance by a subcontractor.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
