STAND. COM. REP. NO. 1044

Honolulu, Hawaii

, 2005

RE: S.B. No. 717

S.D. 1

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Economic Development & Business Concerns and Labor & Public Employment, to which was referred S.B. No. 717, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE BUSINESS ACTION CENTER,"

beg leave to report as follows:

The purpose of this bill is to grant civil service status to the employees of the Business Action Center (Center) of the Department of Business, Economic Development and Tourism (DBEDT) by subjecting the positions to civil service and public employment collective bargaining laws.

The Hawaii Government Employees Association testified in support of this bill. The Department of Commerce and Consumer Affairs (DCCA) opposed this measure. DBEDT and the Department of Human Resources Development (DHRD) offered comments.

Your Committees have amended this bill by replacing its substance with the substance of H.B. No. 608, and incorporating DHRD's recommendations relating to civil service positions. Specifically, this bill, as amended:

(1) Repeals and replaces chapter 201D, Hawaii Revised Statutes, with a new chapter establishing the Business Action Center;

(2) Transfers the Center from DBEDT to DCCA;

(3) Replaces the exempt positions in the Center, except for the position of supervisor, with civil service positions within one year from the effective date of the bill;

(4) Entitles a Center employee to compete for appointment to the civil service position that replaces the employee's exempt position;

(5) Provides that if the employee is appointed to the civil service position:

(a) The employee's compensation shall be determined according to the applicable collective bargaining or executive order positions covering exempt employees who are appointed to replacement civil service positions; and

(b) There shall be no break in service and the appointment of the employee shall be consistent with initial probation appointments to civil service positions;

(6) Clarifies that until the date that all of the Center's exempt positions are replaced by civil service positions, DCCA's director may employ non-civil service personnel as required to carry out the Center's functions; and

(7) Takes effect on July 1, 2005.

As affirmed by the records of votes of the members of your Committees on Economic Development & Business Concerns and Labor & Public Employment that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 717, S.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 717, S.D. 1, H.D. 1, and be referred to the Committees on Consumer Protection & Commerce and Judiciary.

Respectfully submitted on behalf of the members of the Committees on Economic Development & Business Concerns and Labor & Public Employment,

 

____________________________

KIRK CALDWELL, Chair

____________________________

ROBERT N. HERKES, Chair