HOUSE OF REPRESENTATIVES	H.C.R. NO.	320
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

requesting the owner and operator of hilo's naniloa volcanoes resort to pay workers renovating the resort the prevailing wage REQUIRED by chApter 104, hawaii REVISED Statutes.

     WHEREAS, chapter 104, Hawaii Revised Statutes, requires workers on public works construction projects to be paid prevailing wages; and

     WHEREAS, "public work" includes those projects on which funds or resources required to undertake the project are to any extent derived either directly or indirectly from public revenues of the State; and

     WHEREAS, the prevailing wage requirement binds a governmental contracting agency that is a party to a public works construction contract; and

     WHEREAS, "governmental contracting agency" is defined as any person or entity that causes either directly or indirectly the building of a public work; and

     WHEREAS, the failure to include the prevailing wage provisions in any agreement governed by chapter 104, Hawaii Revised Statutes, is not a defense to a contractor's failure to pay the prevailing wage required by law; and

     WHEREAS, the Naniloa Volcanoes Resort is located on land owned by the State and leased from the Department of Land and Natural Resources; and

     WHEREAS, in 2005, the Department of Land and Natural Resources conducted an auction for the lease of the property and the winning bidder agreed to pay the State a minimum of $500,000, to pay the previous owner and operator of the hotel $6,100,000 for its leasehold interest in the property, and to spend at least $5,000,000 over three years to renovate the property; and

     WHEREAS, the renovation of the Naniloa Volcanoes Resort is a "public work" because the renovations will be paid for with revenues derived from the operation of a business located on public land owned by the State; and

     WHEREAS, the renovation of the Hawaii Volcanoes Resort involves a "governmental contracting agency" because the renovations are mandated by the lease between the operator and the Department of Land and Natural Resources; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that the owner and operator of the Naniloa Volcanoes Resort is requested to pay workers renovating the property the prevailing wage mandated by chapter 104, Hawaii Revised Statutes; and

     BE IT FURTHER RESOLVED that the Department of Labor and Industrial Relations is requested to discharge its duties under chapter 104, Hawaii Revised Statutes, by determining the prevailing wage for the renovations and enforcing payment of those wages; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources, the Director of Labor and Industrial Relations, and to the owner and operator of the Naniloa Volcanoes Resort.

OFFERED BY:

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Report Title: 

Naniloa Volcanoes Resort; Prevailing Wage