THE SENATE                           S.C.R. NO.            38
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO REQUIRE FEDERAL
    CONTRACTING OFFICERS TO ADHERE TO FEDERAL LAWS THAT ARE
    DESIGNED TO IMPROVE EMPLOYMENT CONDITIONS IN HAWAII WHEN
    UNEMPLOYMENT RATES ARE HIGHER THAN THE NATIONAL AVERAGE.
 


 1        WHEREAS, in 1986, the United States Congress instituted a
 2   policy to include in all federal defense appropriations acts a
 3   provision providing that when the unemployment rate in Hawaii
 4   exceeds the national rate of unemployment, contractors of
 5   federal defense construction projects in Hawaii are required to
 6   employ Hawaii residents who are able to perform the contract;
 7   and
 8   
 9        WHEREAS, the clear intent of the congressional policy is
10   to help improve Hawaii's employment conditions, whenever
11   Hawaii's unemployment rate exceeds the national rate, by
12   requiring contractors who bid on federal defense construction
13   projects to hire Hawaii residents and thereby reduce the higher
14   unemployment rate in Hawaii; and
15   
16        WHEREAS, despite the expressed congressional policy on
17   hiring of Hawaii residents, contractors on federal defense
18   construction projects in Hawaii are inclined to hire
19   nonresident individuals who are willing to work for less than
20   the employee benefits required under Hawaii law for employees
21   employed in Hawaii; and
22   
23        WHEREAS, the ability of contractors on federal defense
24   construction projects to hire cheaper nonresident employees in
25   Hawaii impairs the ability of contractors in Hawaii to compete
26   on an equal footing for those same federal defense construction
27   projects while maintaining the high quality employee benefits
28   required by Hawaii law; and
29   
30        WHEREAS, a requirement that all contractors on federal
31   defense construction projects comply with the State's wage and
32   hour law, consistent with the Davis-Bacon Act, and with the
33   State's employee benefits law, including such employee benefits
34   as workers' compensation, prepaid health care, temporary

 
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 1   disability coverage, unemployment benefits, and other required
 2   employee benefits, will significantly improve the ability of
 3   Hawaii contractors to compete with all other contractors and
 4   still maintain high levels of employee benefits; and
 5   
 6        WHEREAS, employment records of federal defense
 7   construction projects in Hawaii, which are open to public
 8   inspection and if reviewed regularly would significantly
 9   improve compliance with the congressional policy expressed in
10   federal defense appropriations acts since 1986; now, therefore,
11   
12        BE IT RESOLVED by the Senate of the Twentieth Legislature
13   of the State of Hawaii, Regular Session of 1999, the House of
14   Representatives concurring, that Hawaii's congressional
15   delegation is requested to take any action necessary to require
16   federal contracting officers to adhere to federal laws that are
17   designed to improve the unemployment condition in the
18   localities that are suffering unemployment rates that are
19   higher than the national rate; and
20   
21        BE IT FURTHER RESOLVED that certified copies of this
22   Concurrent Resolution be transmitted to the members of Hawaii's
23   congressional delegation; the Commander in Chief, United States
24   Pacific Command; the Commander, Pacific Air Forces; Commanding
25   General, United States Army, Pacific; Commander in Chief,
26   United States Pacific Fleet; and Adjutant General, State of
27   Hawaii, Department of Defense.
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31                         OFFERED BY:  ____________________________