STAND. COM. REP. NO. 389

Honolulu, Hawaii

, 2005

RE: S.B. No. 1192

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Labor, to which was referred S.B. No. 1192 entitled:

"A BILL FOR AN ACT RELATING TO EXEMPT EMPLOYEES,"

begs leave to report as follows:

The purpose of this measure is to require the number of exempt positions not to exceed one percent of the number of full-time equivalent civil service positions.

This measure also requires the Department of Human Resources Development to make an annual report to the Legislature as to the current number and percentage of civil service exempt positions within the State.

Testimony in support of this measure was submitted by the Hawaii Government Employees Association. Testimony in opposition to this measure was submitted by the Judiciary. Comments on the measure were also submitted by the Department of Human Resources Development.

Your Committee finds that in order to ensure that the rights and privileges of civil service are provided whenever possible, it is important for the number of exempt positions within the State to be both limited and monitored. However, due to the nature of the work and personnel involved, your Committee believes that the Judiciary should be excluded from this limitation. Your Committee further finds that the Department of Human Resources Development is the appropriate entity to monitor and report the appropriate information to the Legislature. Furthermore, it is unclear as to the specific percentage of exempt employees that would be desirable at this time; however, your Committee also believes that this measure should continue to advance in the Legislature as further discussion on the issue will eventually produce a appropriate percentage amount.

Accordingly, your Committee has amended this measure by:

(1) Excluding the Judiciary from the limitation on the number of exempt employees allowed within the State;

(2) Including a blank percentage amount for the number of exempt positions allowed within the State; and

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

As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1192, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1192, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Labor,

____________________________

BRIAN KANNO, Chair