STAND. COM. REP. NO. 1235

Honolulu, Hawaii

, 2005

RE: H.B. No. 1614

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Labor and Education and Military Affairs, to which was referred H.B. No. 1614, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CIVIL SERVICE PERSONNEL,"

beg leave to report as follows:

The purpose of this measure is to provide employees who are members of the Department of Education (DOE) civil service system with civil service benefits in the executive branch civil service system.

Testimony in support of this measure was submitted by the Department of Education and the Hawaii Government Employees Association. Testimony in opposition to this measure was submitted by the Department of Human Resources Development.

Your Committees find that pursuant to Act 51, Session Laws of Hawaii (SLH) 2004, the transfer of certain functions from various state departments or agencies to the DOE was mandated. Act 51, SLH 2004, also provided for the DOE to establish a separate personnel system to be under the control of the Board of Education. Your Committees believe that the rights and benefits of DOE civil service employees, whether or not transferred pursuant to Act 51, SLH 2004, should be retained and not diminished due to the transfer or the institution of a separate personnel system.

Your Committees recognize that as it is currently unclear what form the DOE's personnel system will take come July 1, 2005 and thereafter, many questions and concerns remain regarding whether this measure sufficiently accomplishes the preservation of rights for the DOE employees, transferred or otherwise. The exploration of alternative approaches or alternative language may be necessary in order to effectuate the measure's purpose.

Accordingly, your Committees have amended this measure by:

(1) Clarifying the language regarding the retention of benefits by DOE employees;

(2) Changing the effective date of the Act from July 1, 2010 to July 1, 2050 to ensure further discussion on the matter as session progresses and through conference; and

(3) Making technical, nonsubstantive amendments for purposes of clarity and style.

As affirmed by the records of votes of the members of your Committees on Labor and Education and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1614, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1614, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Labor and Education and Military Affairs,

____________________________

NORMAN SAKAMOTO, Chair

____________________________

BRIAN KANNO, Chair