HOUSE OF REPRESENTATIVES             H.C.R. NO.58          
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE CONCURRENT
                        RESOLUTION
URGING THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS TO
   INCREASE EFFORTS TO ENFORCE THE PREVAILING WAGE LAW. 


 1       WHEREAS, in 1955 the Legislature enacted the Wages and
 2   Hours of Employees on Public Works Act, now codified and known
 3   as Chapter 104, Hawaii Revised Statutes (Chapter 104); and
 4   
 5       WHEREAS, Chapter 104 requires contractors to pay prevailing
 6   wages and overtime to laborers and mechanics employed on all
 7   State and county public works construction projects worth over
 8   $2,000; and
 9   
10       WHEREAS, the objective of Chapter 104 is to level the
11   playing field for all contractors bidding on a public works
12   construction project by setting wage rates for work performed
13   on the project; and
14   
15       WHEREAS, the Department of Labor and Industrial Relations
16   (DLIR) currently enforces Chapter 104 by:
17   
18       (1)  Promoting voluntary compliance through education of
19            contractors, contracting agencies, and other
20            participants in public works projects; and
21   
22       (2)  Investigating complaints, collecting back pay, and
23            assessing penalties for violations;
24   
25   and
26   
27       WHEREAS, due to reductions in staff in recent years, DLIR's
28   investigations have been primarily complaint driven; and
29   
30       WHEREAS, diligent enforcement of the mandates of Chapter
31   104 is essential to the integrity of the competitive bidding
32   process for public works projects; now, therefore,
33   
34       BE IT RESOLVED by the House of Representatives of the
35   Twentieth Legislature of the State of Hawaii, Regular Session
36   of 1999, the Senate concurring, that the Department of Labor
37   and Industrial Relations is urged to increase its efforts and
38   allocate more resources to the enforcement of  Chapter 104; and

 
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                                  H.C.R. NO.59          
                                                        
                                                        

 
 1       BE IT FURTHER RESOLVED that these efforts include the
 2   random investigation of current public works projects for
 3   compliance with Chapter 104, as well as investigation of any
 4   and all complaints received by the Department of Labor and
 5   Industrial Relations; and
 6   
 7       BE IT FURTHER RESOLVED that certified copies of this
 8   Concurrent Resolution be transmitted to the Director of the
 9   Department of Labor and Industrial Relations.
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13                         OFFERED BY:  ____________________________