HOUSE OF REPRESENTATIVES             H.C.R. NO.33          
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE  CONCURRENT
                        RESOLUTION
  REQUESTING THE DEVELOPMENT OF A DEFINITION OF "HAWAII RESIDENT"
   TO CLARIFY AND FACILITATE THE ENFORCEMENT OF PUBLIC LAW
   99-190, RELATING TO HIRING RESIDENTS ON DEFENSE CONTRACTS
   IN HAWAII.



 1        WHEREAS, Hawaii is in a severe economic downturn that has
 2   lasted for several years; and
 3   
 4        WHEREAS, developing employment opportunities is critical
 5   to Hawaii's economic recovery which is made more difficult by
 6   Hawaii's isolation and unique economy; and
 7   
 8        WHEREAS, Public Law 99-190, the Department of Defense
 9   Appropriations Act of 1986, Section 8078, as amended, provide
10   that contracts awarded by the Department of Defense that are
11   performed in whole or in part in a noncontiguous state (Hawaii
12   or Alaska) that has an unemployment rate in excess of the
13   national average as determined by the Secretary of Labor, shall
14   include a provision requiring the contractor to employ
15   residents of the state in which the contract or part of it is
16   to be performed; and
17   
18        WHEREAS, Public Law 99-190 has the potential to assist the
19   State in its economic recovery; and
20   
21        WHEREAS, the United States Department of Defense and the
22   United States Department of Labor have concurrent jurisdiction
23   (the latter under the Davis Bacon Act and the Service Contract
24   Act) over enforcement of Public Law 99-190; and
25   
26        WHEREAS, those residents hired must possess or be able to
27   promptly acquire the necessary skills in a craft or trade; and
28   
29        WHEREAS, the United States Department of Defense has by
30   practice and policy abdicated its administrative authority and
31   duty to contractors to determine whether there are qualified
32   residents or whether it is possible for a resident to acquire
33   the necessary skills "promptly", thus effectively subverting
34   the intent of Congress by allowing a contractor to effectively
35   enforce the law without administrative oversight; now,

 
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 1   therefore,
 2   
 3       BE IT RESOLVED by the House of Representatives of the
 4   Twentieth Legislature of the State of Hawaii, Regular Session
 5   of 1999, the Senate concurring, that the Department of Labor
 6   and Industrial Relations, in collaboration with the Department
 7   of the Attorney General, the Department of Taxation, and the
 8   Department of Commerce and Consumer Affairs, is requested to
 9   develop a workable definition of the term "Hawaii resident";
10   and
11   
12       BE IT FURTHER RESOLVED that the definition and any
13   necessary draft legislation be provided to the Legislature
14   prior to the convening of the Regular Session of 2000; and
15   
16       BE IT FURTHER RESOLVED that the United States Department of
17   Defense and the Department of Labor are requested to propose
18   the use of this definition and develop an appropriate means of
19   implementing Public Law 99-190; and 
20   
21       BE IT FURTHER RESOLVED that a certified copy of this
22   Concurrent Resolution be transmitted to the Majority Leader of
23   the United States Senate; the Speaker of the United States
24   House of Representatives; Hawaii's Congressional Delegation;
25   the Secretary of Defense; the Secretary of Labor; the Director
26   of Labor and Industrial Relations; the Attorney General; the
27   Director of Taxation; and the Director of Commerce and Consumer
28   Affairs.
29 
30 
31 
32                         OFFERED BY:  ____________________________