Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 962, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to provide for the manner in which prevailing wages for laborers and mechanics on public works projects and certain private works projects is to be established. This measure also allows any individual to bring a suit for injunctive relief for a violation of chapter 104, Hawaii Revised Statutes.

Testimony in support of this measure was submitted by the Hawaii Carpenter's Union. The Department of Labor and Industrial Relations and the Associated Builders and Contractors testified in opposition to the measure.

This measure extends the prevailing wages law to include public works projects, certain types of private projects, and projects that are subsidized by tax credits issued by the State or tax exemptions granted by the counties or involve state or county lands. Additionally, your Committee finds that this measure allows any individual to enjoin a contractor for a violation of chapter 104, Hawaii Revised Statutes.

Your Committee has amended this measure by providing that it does not retroactively apply to public works projects commenced in reliance on laws providing a tax credit or tax exemption, or governmental lease of land, before the effective date of this measure.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 962, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 962, S.D. 2.