STAND. COM. REP. 1170

Honolulu, Hawaii

, 2003

RE: H.C.R. No. 94

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor and Public Employment, to which was referred H.C.R. No. 94 entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE AUDITOR TO CONDUCT A STUDY, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND THE EMPLOYEES' RETIREMENT SYSTEM, TO DETERMINE THE EFFECTS OF ALLOWING EMERGENCY MEDICAL TECHNICIANS TO RETIRE AFTER TWENTY-FIVE YEARS OF SERVICE,"

begs leave to report as follows:

The purpose of this concurrent resolution is to request that the State Auditor, in conjunction with the Department of Health and the Employees' Retirement System, conduct a study to determine the effects of allowing emergency medical technicians to retire after twenty-five years of service.

For purposes of facilitating discussion, your Committee solicited a proposed House Draft 1 for public review and comment.

 

As proposed, House Concurrent Resolution 94, House Draft 1:

    1. Amends the title of the concurrent resolution to read:
    2. "HOUSE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT TO SUBMIT REPORTS ON EXEMPT EMPLOYEES AS REQUIRED BY ACT 253, SESSION LAWS OF HAWAII 2000";

    3. Requests that the Department of Human Resources Development (DHRD) submit reports on exempt employees as required by Act 253, Session Laws of Hawaii (SLH) 2000; and
    4. Requests your Committee hold interim briefings on the existing statutory exemptions from civil service and to determine whether these exemptions should be continued or repealed and the process by which exempt employees should be converted to civil service if the exemption is no longer justified.

Supportive testimony was submitted by: DHRD; HGEA-AFSCME, Local 152; and concerned citizens.

Your Committee finds that one of the many objectives of Act 253, SLH 2000, was to clarify the process by which DHRD determines the positions that are exempt from the civil service. To that end, Act 253, SLH 2000, required DHRD to submit an annual report to the legislature on positions that were permanently exempted from the civil service prior to the enactment of Act 253.

Your Committee finds that there are important public policy issues related to the evaluation of current exemptions from civil service especially considering the differences in certain employment rights and benefits. Your Committee finds further that delays in converting exempt positions that are more appropriately included in the civil service system potentially places exempt employees at a disadvantage in seeking permanent positions and promotional opportunities notwithstanding years of excellent service.

 

After careful consideration, your Committee has amended this measure by deleting the substance of House Concurrent Resolution 94, and inserting the provisions of proposed House Draft 1. In addition, your Committee has made technical, non-substantive amendments for purposes of clarity, style, and conformity.

As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 94, as amended herein, and recommends that it be referred to the Committee on Finance, in the form attached hereto as H.C.R. No. 94, H.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Labor and Public Employment,

 

____________________________

MARCUS R. OSHIRO, Chair