STAND. COM. REP. NO.2291

Honolulu, Hawaii

, 2002

RE: S.B. No. 3008

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Labor and Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 3008 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC EMPLOYMENT,"

beg leave to report as follows:

The purpose of this measure is to extend the time frame in which the Department of Education is to comply with Act 253, Session Laws of Hawaii 2000 (Act 253), otherwise known as the Civil Service Modernization Act, with regard to the categorization and inclusion of its employees into civil service.

Testimony in support of the measure was received from the Department of Education.

Your Committees find that the measure would give the Department of Education an additional year to comply with Act 253's requirement to transfer certain classes of civil service employees from the Department of Human Resources Development to the Department of Education. Originally, the implementation date was set at July 1, 2002, the measure extends that date to July 1, 2003.

This transfer includes the following employee classes:

(1) Teaching assistants;

(2) Educational assistants;

(3) Bilingual/bicultural school-home assistants;

(4) School psychologists;

(5) Psychological examiners;

(6) Speech pathologists;

(7) Athletic health care trainers;

(8) Alternative school work study assistants;

(9) Alternative school educational/supportive services specialists;

    (10) Alternative school project coordinators; and

    (11) Communication aides.

The measure also amends section 76-16, Hawaii Revised Statutes, to exclude these same classes of employees from civil service once the transfer occurs.

Your Committees find that the Department of Education is working on the infrastructure needed to effectuate the transfer and the issues associated with converting the positions from civil service to exempt status.

Your Committees understand that the measure, as drafted, is confusing and could be construed as affecting the employment status of employees who are not to be transferred under the jurisdiction of the Department of Education. Your Committees believe that this is not the intent of measure and that any confusion that may arise from such an interpretation is inadvertent. Consequently, your Committees respectfully request that the Committee on Ways and Means, if so inclined to pass the measure out of committee, amend the measure to clarify that only the abovementioned classes of employees are to be affected by this measure.

As affirmed by the records of votes of the members of your Committees on Labor and Transportation, Military Affairs and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3008 and recommend that it pass Second Reading and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Labor and Transportation, Military Affairs and Government Operations,

____________________________

CAL KAWAMOTO, Chair

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BOB NAKATA, Chair