”’Editor’s note: The governor vetoed 27 bills this week. This is the veto message for SB 3008. For the full list of vetoed bills and justifications, log onto https://www.hawaii.gov/gov/leg/2006/gov/leg/2006/Folder.2006-04-19.5231”’
SB 3008 is objectionable because it would require the
State to cite a contractor for each individual construction
project for which work is performed, no matter how minor the
infraction and whether the violation was committed knowingly or
not.
If violations were discovered in one investigation involving
multiple construction projects, the contractor would receive
multiple citations.
Upon the receipt of a third violation, a contractor
would be precluded from performing any new public work
construction for a three-year period.
Considering the complexity of the law and the difficulties it poses for a contractor to
successfully navigate, this result is too harsh.
This rigid
violation structure fails to take into account the severity of
the violations found and the willfulness of the contractor in
committing the violation.
The mandatory, progressive penalty structure in current
law allows firms to correct errors as soon as they are identified
and ensures that the Department of Labor and Industrial Relations
is able to work with affected contractors to provide fair wages
pursuant to the wage schedules, benefit formula and applicable
overtime rules in place.
”’HawaiiReporter.com reports the real news, and prints all editorials submitted, even if they do not represent the viewpoint of the editors, as long as they are written clearly. Send editorials to”’ mailto:Malia@HawaiiReporter.com