SB230

THE SENATE	S.B. NO.	230
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to minimum wage.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that an appropriate minimum wage helps Hawaii's workers meet basic needs. The legislature finds that an appropriate minimum wage helps Hawaii's economy by giving low wage workers more purchasing power in Hawaii's marketplace. The legislature further finds that, according to the department of business, economic development, and tourism, the income required to achieve self‑sufficiency in Hawaii differs in each county.

The purpose of this Act is to ensure that counties may appropriately respond to local economic conditions by authorizing counties to establish a county minimum wage by ordinance.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- County minimum wage. Each county may establish a minimum wage higher than the rate established by section 387‑2(a). A county electing to establish a higher minimum wage rate shall do so by ordinance."

SECTION 3. Section 387-2, Hawaii Revised Statutes, is amended to read as follows:

"§387-2 Minimum wages. (a) Except as provided in section 387-9 and this section[,] or when a higher minimum wage rate is established by county ordinance, every employer shall pay to each employee employed by the employer, wages at the rate of not less than:

(1) $6.25 per hour beginning January 1, 2003;

(2) $6.75 per hour beginning January 1, 2006;

(3) $7.25 per hour beginning January 1, 2007;

(4) $7.75 per hour beginning January 1, 2015;

(5) $8.50 per hour beginning January 1, 2016;

(6) $9.25 per hour beginning January 1, 2017;

(7) $10.10 per hour beginning January 1, 2018;

(8) $12.00 per hour beginning October 1, 2022;

(9) $14.00 per hour beginning January 1, 2024;

(10) $16.00 per hour beginning January 1, 2026; and

(11) $18.00 per hour beginning January 1, 2028.

(b) The hourly wage of a tipped employee may be deemed to be increased on account of tips if the employee is paid no less than:

(1) 25 cents;

(2) 50 cents per hour beginning January 1, 2015;

(3) 75 cents per hour beginning January 1, 2016;

(4) $1.00 per hour beginning October 1, 2022;

(5) $1.25 per hour beginning January 1, 2024; and

(6) $1.50 per hour beginning January 1, 2028,

below the applicable minimum wage by the employee's employer and the combined amount the employee receives from the employee's employer and in tips is at least 50 cents more than the applicable minimum wage; provided that beginning January 1, 2015, the combined amount the employee receives from the employee's employer and in tips is at least $7.00 more than the applicable minimum wage.

(c) If a county ordinance established pursuant to section §46- establishes a higher rate for the minimum wage rate in this section, each employer shall pay to each employee employed by the employer in that county, wages at a rate not less than the rate established by the county ordinance."

SECTION 4. Section 387-5, Hawaii Revised Statutes, is amended to read as follows:

"§387-5 Duty of director; employees, salaries. The director of labor and industrial relations shall enforce this chapter[.] and any county ordinance establishing a minimum wage rate adopted pursuant to section §46- . The director may appoint such assistants and such clerical, stenographic, and other help as may be necessary for the proper enforcement of this chapter subject to any civil service act relating to state employees. The salaries of all of the foregoing appointees and employees shall be as fixed by law."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________
	By Request