Bill Text: HI HB2403 | 2022 | Regular Session | Introduced
Bill Title: Relating To Contractors.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Introduced - Dead) 2022-01-28 - Referred to LAT, CPC, FIN, referral sheet 3 [HB2403 Detail]
Download: Hawaii-2022-HB2403-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2403 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to contractors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 104-22, Hawaii Revised Statutes, is amended to read as follows:
"§104-22 Investigation; penalties. (a) The department may conduct investigations to determine compliance with this chapter. The department may enter the job site, examine records of any contractor, either during or after the performance of any contract, or subpoena the records. The department may also interview employees during working hours on the job.
(b) If any contractor interferes with or delays any investigation by the department, the governmental contracting agency, on receipt of written notice from the director of the interference or delay, shall withhold from the contractor all further payments until the director has notified the governmental contracting agency in writing that the interference or delay has ceased. Interference or delay includes failure to provide requested records under section 104-3; failure to allow employees to be interviewed during working hours on the job; and falsification of records required under this chapter. The department shall assess a penalty of $10,000 per project for interference or delay. For each day thereafter that the employer fails to cooperate, the director shall assess a penalty of $1,000 per project.
(c) The names of all complainants shall be withheld from the employer unless prior permission is given by the complainant to release the complainant's name.
(d) The department may provide training for and deputize no fewer than persons to serve as volunteer investigators to conduct investigations pursuant to this section. Any volunteer investigator deputized by the department who, in good faith, provides services pursuant to this chapter shall not be liable in any civil action for damages as a result of any acts or omissions in conducting or participating in an investigation; provided that the skill and care given is that ordinarily required and exercised by an investigator."
SECTION 2. The department of labor and industrial relations shall submit reports of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular sessions of 2023, 2024, and 2025, on the effectiveness of the training and deputizing of the volunteer investigators within public works projects authorized pursuant to section 1 of this Act.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for the training and deputizing of volunteer investigators investigating within public works projects.
The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.
SECTION 4. This Act shall take effect on July 1, 2022.
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INTRODUCED BY: |
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Report Title:
DLIR; Volunteer Investigators; Public Works Projects; Appropriation
Description:
Allows the department of labor and industrial relations to train and deputize volunteer investigators investigating public works projects. Requires reports to the legislature. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
