Employment of State Residents on Construction Procurement Contracts

State of Hawaii

Effective April 29, 2010, SB 2840, SD2, HD1 became law (Act 68).  This bill created chapter 103B, Hawaii Revised Statutes (HRS) “Employment of State Residents on Construction Procurement Contracts”. This law requires a contractor’s workforce be comprised of 80% or more Hawaii residents.

HRS 103B was amended by Act 192, Session Laws of Hawaii (SLH).  Act 192 amended Section 103B, HRS to allow: (1) a Contractor, prior to award, to withdraw its bid without penalty if the Contractor finds that it is unable to comply with these requirements, and (2) compliance to be certified in writing under oath be an officer of the General Contractor and applicable Subcontractors with the notice of completion by the General Contractor.  Requirements of Act 192 shall apply to applicable construction procurement contracts which have been fully executed on July 1, 2011, or thereafter.


 Law

Chapter 103B, HRS


Related Laws

Chapter 103D-104, HRS

Chapter 103D-305, HRS

Department of Accounting and General Services – Comptroller’s Memorandums (CM) pertaining to Chapter 103B – Employment of State Residents on Construction Procurement Contracts:

CM2010-36

CM2010-38

CM2011-18

Worker Shortage in the Construction Industry

“Construction” means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property.  The term includes the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real estate.

Worker Shortage Determination for the Construction Industry