CONFERENCE COMMITTEE REP

 

CONFERENCE COMMITTEE REP. NO.105-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2525

H.D. 1

S.D. 2

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2525, H.D. 1, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC WORKS PROJECTS,"

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 bill is to maintain a fair public works bidding process by ensuring that when contractors bid on public works construction projects, it is done pursuant to standards that are fair, equitable, and uniformly applied.

Specifically, this bill:

(1) Clarifies that chapter 104, Hawaii Revised Statutes (the law regarding wages and hours of employees on public works), applies to every public works contract in excess of $2,000 regardless of whether prevailing wage, overtime, and other requirements are stated in a contract or the contracts specifications;

(2) Requires each bidder on a public works construction project to submit a signed affidavit to the governmental contracting agency attesting to the bidder's acknowledgement of and intent to comply with chapter 104, HRS;

(3) Specifies that failure by the contracting agency to include prevailing wage, overtime, and other requirements in a contract in excess of $2,000 for construction of a public work project shall not be used as a defense by a contractor or subcontractor for noncompliance with chapter 104, HRS; and

(4) Authorizes the disclosure of the terms of a collective bargaining agreement to any federal or state agency authorized to enforce chapter 104, HRS.

Your Committee on Conference has amended this measure by:

(1) Deleting the requirement for each bidder to submit a signed affidavit to the governmental contracting agency attesting to the bidder's acknowledgement of and intent to comply with chapter 104, HRS.

(2) Adding a new section to chapter 103, Hawaii Revised Statutes, specifying the wage and hour requirements of employees on public works construction contracts;

(3) Requiring that any bidder or offeror affirm their intent to comply with the requirements of chapter 104, HRS, through certification prior to entering into any contract for construction of a public work project in excess of $2,000; and

(4) Making technical, nonsubstantive amendments for purposes of clarity, conformity, and style.

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 H.B. No. 2525, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2525, H.D. 1, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ BOB NAKATA, Chair		____________________________ SCOTT K. SAIKI, Co-Chair
____________________________ COLLEEN HANABUSA, Co-Chair		____________________________ BOB NAKASONE, Co-Chair
____________________________ CAL KAWAMOTO, Co-Chair
____________________________ DONNA MERCADO KIM, Co-Chair