Hawaii 2022 Regular Session

Hawaii Senate Bill SB223

Introduced
1/22/21  
Refer
1/25/21  
Report Pass
2/12/21  

Caption

Relating To Contracting.

Impact

The implementation of SB 223 directly influences local contracting regulations by introducing a more stringent framework for verifying tax compliance among contractors. This approach could potentially enhance revenue collection at both state and county levels, as it discourages non-compliance with tax laws. The bill also imposes penalties on governmental officers who violate its provisions, thus reinforcing the importance of adherence to these regulations. By ensuring that all contractors meet tax requirements, it seeks to foster a fairer competitive landscape in private developments, which may benefit legitimate businesses while addressing the concerns surrounding tax evasion in the construction industry.

Summary

Senate Bill 223, introduced in the Thirty-First Legislature of Hawaii, focuses on enhancing the contractor licensing process for private developments valued at $195,000 or greater. The bill mandates that contractors and subcontractors must provide tax clearances from the state's director of taxation and the Internal Revenue Service (IRS) before receiving building licenses or conducting final inspections on these projects. This requirement serves to ensure compliance with tax obligations, thereby promoting financial accountability among contractors. Additionally, the bill stipulates that the tax clearances will remain valid for two years and outlines specific circumstances under which these regulations can be waived by the director of taxation in the interest of the state.

Sentiment

The reception of SB 223 appears to be largely positive among stakeholders invested in maintaining tax compliance and supporting ethical contracting practices. Proponents argue that the bill helps to protect the interests of taxpayers and promotes financial responsibility among contractors. However, there are concerns about the potential bureaucratic burden that this could place on smaller contractors or those in the process of resolving tax issues. The sentiment suggests a cautious support for the bill, emphasizing the importance of balancing the need for accountability with the operational realities faced by contractors.

Contention

While the bill is aimed at improving tax compliance, some points of contention arise regarding its practical implications for the contracting industry. Critics express concerns that the new requirements, particularly the necessity of obtaining tax clearances, may create delays and hinder project timelines, particularly for small contractors who might struggle with meeting these obligations promptly. Additionally, the balance between enabling effective state regulation and not overburdening local contractors lies at the heart of the debate, with calls for a more nuanced approach that considers the varied capabilities of different entities within the construction sector.

Companion Bills

No companion bills found.

Previously Filed As

HI SB2694

Relating To State Contracts.

HI HB2504

Relating To Government Contracts.

HI SB462

Relating To Procurement Contracts.

HI SB1450

Relating To Public Contracts.

HI SB1450

Relating To Public Contracts.

HI HB1102

Relating To Capital Advancement Contracts.

HI HB1102

Relating To Capital Advancement Contracts.

HI HB1157

Relating To Capital Advancement Contracts.

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