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+--- Thread: Illegal workers can cost contractor license (/showthread.php?tid=5647)
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Illegal workers can cost contractor license - mdd7000 - 05-11-2009
Interesting bill waiting for the Governor's signature.
The Governor is "waiting on public comment".
HB643 HD2 SD2 CD1
RELATING TO CONTRACTORS.
Contractors; Public Works Projects; Ineligible Employees
Authorizes the contractors license board to suspend, revoke, or refuse to renew a contractor's license for employing a worker on a public work project who is ineligible under federal law to work in the United States. Effective 7/1/2009. (HB643 CD1)
Currently living in a state where illegals are becoming rampant, and lowering the wage levels, I think this bill is SPOT ON.
I suggest contacting the Governor's office as requested and asking for passage, before Hawaii has the same issues as some of the other states.
RE: Illegal workers can cost contractor license - mdd7000 - 05-19-2009
No comments? With some of the other comments on Mexican drug cartels, I thought this would be a huge issue?
RE: Illegal workers can cost contractor license - Rob Tucker - 05-19-2009
Too many owner/builders in Puna for this to be of concern probably.
RE: Illegal workers can cost contractor license - Bob Orts - 05-19-2009
The law as you quoted above, will not stand up to judicial scrutiny and will be thrown out in it’s first court challenge.
Funny, the very people who pushed for these types of laws are the very same people who killed them as well. Poetic Justice. [}
]RE: Illegal workers can cost contractor license - jdirgo - 05-20-2009
I think this bill is "much ado about nothing". Its already illegal to hire people not authorized to work in this country. This bill just seems to be passing a law outlawing something already illegal just to make people feel like "look we're doing something" but what they are doing is foolish, since I believe its already covered by existing law.
John Dirgo, R, BIC, EcoBroker, ABR, e-PRO
Aloha Coast Realty, LLC
808-987-9243 cell
http://www.alohacoastrealty.com
RE: Illegal workers can cost contractor license - Blakeyboy1 - 05-20-2009
In Utah we call these "message bills". Our legislature fires out a load of these every session.
-Blake
http://www.theboysgreatescape.blogspot.com/
RE: Illegal workers can cost contractor license - Bob Orts - 05-21-2009
"Message Bills", that's a good one.
I've heard them as:
"Feel Good Bills"
"Re-Election Bills"
"Soap-Box Bills"
"Another BS Bill By Another BS Politician"
The Hawaii bill is just stupid because as written, it can not legally be enforced. Waste of energy to even introduce it.
RE: Illegal workers can cost contractor license - Kahunascott - 05-25-2009
quote:Rob, Most owner/builders don't do County and State work.
Originally posted by Rob Tucker
Too many owner/builders in Puna for this to be of concern probably.
RE: Illegal workers can cost contractor license - Kapohocat - 05-28-2009
I agree with Scott. In Hawaii, all state/county/fed jobs are done by contractors who are typically affiliated with the unions. In fact, Scott correct me if wrong, on all of the above jobs Davis/Bacon wages must be paid also?
At any time, it is possible, from my days with these types of jobs on the Kohala Coast, for the agency to require you provide all the I-9's for everyone on the project.
Catherine Dumond
Blue Water Project Management
http://bluewaterprojects.blogspot.com/
808 965-9261
"We help make building your dream home a reality"
RE: Illegal workers can cost contractor license - Bob Orts - 05-28-2009
quote:And that's the reason I said the law as quoted above is totally unenforceable especially in light of the US Supreme Courts UNANIMIOUS ruling in Flores-Figueroa v. United States. If a licensed contractor follows the rules for verifying employment eligibility and that person turns out to be an illegal worker, the State would be prohibited from taking action against the license of the contractor.
Originally posted by Kapohocat
At any time, it is possible, from my days with these types of jobs on the Kohala Coast, for the agency to require you provide all the I-9's for everyone on the project.
However, the law as quoted above is not the actual wording (I didn’t think Hawaii was that dumb). They did put the requirement that the contractor KNOWINGLY and/or INTENTIONALL hired a worker that was not authorized to work in the US. So having an illegal worker on the payroll is not enough to pull their license. The State must prove that contractor was aware the person was illegally being employed and employed them anyway. That's a much tougher nut to crack.