Bill Text: HI SB1221 | 2011 | Regular Session | Amended
Bill Title: Construction Procurement Contracts; State Residents Employment
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-07-07 - (H) Act 192, on 7/6/2011 (Gov. Msg. No. 1296). [SB1221 Detail]
Download: Hawaii-2011-SB1221-Amended.html
|
THE SENATE |
S.B. NO. |
1221 |
|
TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
C.D. 1 |
|
|
|
||
|
|
||
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 as follows:
1. By amending subsection (a) to read:
"(a) A contractor awarded any contract shall ensure that Hawaii residents compose not less than eighty per cent of the workforce employed to perform the contract on a particular construction project, as determined under subsection (b). Prior to an award of a contract, the contractor may withdraw a bid without penalty if the contractor finds that it is unable to comply with this subsection."
2. By amending subsections (c) and (d) to read:
"(c) [Every contractor 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 applicable subcontractor 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[:] as follows:
[(1) Temporary suspension of work on the
project until the contractor or subcontractor complies with this chapter;
(2) Withholding] (1) With
respect to the general contractor, withholding of final 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;] subsection (a); or
[(5) Proceedings] (2) With
respect to the general contractor and subcontractor, 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 on July 1, 2011.
Report Title:
Construction Procurement Contracts; State Residents Employment
Description:
Requires the general contractor and applicable subcontractor for construction procurement under the Hawaii public procurement code to file certification of compliance with Chapter 103B, Hawaii Revised Statutes (HRS), with the notice of final completion of the contract. Specifies certain sanctions for general contractors and subcontractors who fail to comply with Chapter 103B, HRS. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
