WHEREAS, the Hawaii Revised Statutes does not have a definition for "underemployment"; and

WHEREAS, there are no county ordinances or no administrative rules, and have been no measures introduced in the past few years, defining "underemployment"; and

WHEREAS, despite extensive use of the term in economic studies and government reports, including the Hawaii Workforce Development Council's 2005 Report to the Governor on the Year Four Implementation of the Workforce Investment Act (2005 Report) and the Department of Labor and Industrial Relation's "Workforce Investment Act Asian Pacific Islander Earmark Grant," the term remains vague and broad; and

WHEREAS, the term is used extensively by the Department of Labor and Industrial Relations in workforce development programs and issues; and

WHEREAS, the 2005 Report, as well as previous reports over the years, includes a definition of underemployed as the state of "an individual who is working part-time but desires full-time employment, or an individual whose employment is not commensurate with the individual's demonstrated level of educational attainment"; and

WHEREAS, having a definition for this term could also be useful for purposes of calculating the amount of child support payments due from a parent who may not be fully employed or is otherwise considered to be below full earnings capacity; and

WHEREAS, unofficial estimates from the U.S. Bureau of Labor Statistics report over 24,000 underemployed individuals in the State of Hawaii; and

WHEREAS, a statutory definition of the term would be of immense help to monitor Hawaii's true economic condition and labor productivity, which would enable elected officials and executive branch administrators to make more informed and educated decisions affecting the livelihood of the people of Hawaii; and

WHEREAS, a search of other state laws indicated that the following states have statutory definitions of underemployment: California, Connecticut, Indiana, Michigan, Minnesota, and Pennsylvania, which could serve as possible models for Hawaii; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, that the Legislative Reference Bureau is requested to conduct a study to recommend a definition for "underemployment" in the various contexts in which it is used in state and county governments; and

BE IT FURTHER RESOLVED that the study include a review of other state and federal laws; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to consult with the Department of Labor and Industrial Relations, the Hawaii Workforce Development Council, the Department of Business, Economic Development, and Tourism, the Child Support Enforcement Agency, appropriate county agencies, appropriate federal agencies, the U.S. Census Bureau, major labor unions, and major employer associations; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to report findings and recommendations, including proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, Acting Director of the Legislative Reference Bureau, the Director of Labor and Industrial Relations, the Chairperson of the Hawaii Workforce Development Council, the Administrator of the Child Support Enforcement Agency, the Director of Business, Economic

Development, and Tourism, the Mayor and Council Chair of each county, and members of Hawaii's congressional delegation.

Report Title:

LRB; Study on the definition of "underemployment."