STAND. COM. REP. NO. 945

Honolulu, Hawaii

, 2005

RE: H.B. No. 1214

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Finance, to which was referred H.B. No. 1214, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PREVAILING WAGES,"

begs leave to report as follows:

The purpose of this bill is to amend the Wages and Hours of Employees on Public Works Law (Public Works Law) by:

(1) Clarifying that the provisions relating to wages, hours, and other requirements of the Public Works Law apply to every contract in excess of $2,000 for construction of a public work project undertaken by authority of a governmental contracting agency;

(2) Clarifying that "public work" includes projects subsidized through the receipt of a state tax credit, projects undertaken through the use of state or county land, and certain private construction contracts performed according to State or county plans, specifications, or criteria;

(3) Providing for the manner in which the prevailing wages for laborers and mechanics on public works projects are to be established; and

(4) Allowing individuals to bring suit against:

(a) Violators for noncompliance with the Public Works Law; and

(b) The Director of the Department of Labor and Industrial Relations (DLIR) for failure to perform nondiscretionary duties.

The Hawaii State Teachers Association and Hawaii Carpenters Union testified in support of this bill. DLIR and the Associated Builders and Contractors, Inc., Hawaii Chapter, opposed this measure.

Your Committee has amended this bill by:

(1) Changing the effective date to July 1, 2010, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1214, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1214, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Finance,

 

____________________________

DWIGHT TAKAMINE, Chair