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 |
|
|
|
|
|
|
||
|
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 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:
[(1) Temporary suspension of work on the
project until the contractor or subcontractor complies with this chapter;
(2)] (1) 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)] (2) Recovery by the State or
county, as applicable, of any moneys expended on the contract or subcontract,
as applicable; or
[(5)] (3) 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 Statutory material to be repealed is bracketed and stricken.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, 2050.
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, HRS, with the notice of final completion of the contract. Provides that the general contractor shall not be sanctioned for noncompliance by a subcontractor. Allows general contractor to withdraw a bid prior to award of a contract if it finds it is unable to comply with eighty per cent Hawaii workforce requirement. Effective 07/01/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.