CONFERENCE COMMITTEE REP. NO. 129
Honolulu, Hawaii
, 2005
RE: S.B. No. 962
S.D. 2
H.D. 2
C.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 962, S.D. 2, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO PREVAILING WAGES,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to provide for the manner in which the prevailing wages for laborers and mechanics on public works and indirect public works projects is to be established.
Currently, the determination of prevailing wages is the responsibility of the Director of Labor and Industrial Relations with a formula and guidelines for such determination established in the administrative rules. In order to provide clear guidance on the determination of prevailing wages, your Committee on Conference determines that codification of these rules is necessary and appropriate.
Upon further consideration, your Committee on Conference has amended this measure by:
(1) Deleting the section that establishes a category of construction contracts for "indirect public works projects", provides for a system for prevailing wages certification, and establishes monitoring and compliance procedures;
(2) Restoring subsection 104-2(a), Hawaii Revised Statutes, to continue to require application of chapter 104, Hawaii Revised Statutes, to public work projects in excess of $2,000, to which a governmental contracting agency is a party;
(3) Restoring within subsection 104-2(a), Hawaii Revised Statutes, the deleted definitions for the terms "contract"; "governmental contracting agency"; "party"; and "public work";
(4) Deleting language from section 104-2, Hawaii Revised Statutes, that refers to the application of the section to every "public works or indirect public works project";
(5) Clarifying within subsection 104-2(b), Hawaii Revised Statutes, that within the determination of prevailing wages, the director shall regard as prevailing the rate of wages paid to the greatest number of those employed in the State in corresponding classes of laborers and mechanics, or what is commonly referred to as the "modal rate";
(6) Deleting the newly created subsection 104-2(g), Hawaii Revised Statutes, which defined the terms "contract"; "governmental contracting agency"; "indirect public works project"; "party"; and "public works project"; and
(7) Deleting the savings clause provisions.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 962, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 962, S.D. 2, H.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
ON THE PART OF THE SENATE |
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____________________________ ROBERT N. HERKES, Co-Chair |
____________________________ BRIAN KANNO, Chair |
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____________________________ KIRK CALDWELL, Co-Chair |
____________________________ COLLEEN HANABUSA, Co-Chair |
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____________________________ DWIGHT TAKAMINE, Co-Chair |
____________________________ LORRAINE R. INOUYE, Co-Chair |
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____________________________ BRIAN T. TANIGUCHI, Co-Chair |