Report Title:

State and County Modernization Projects; Human Resources

Description:

Repeals the authority of state and county human resource directors and the county board of water supply directors to conduct experimental modernization projects for their human resource programs.

HOUSE OF REPRESENTATIVES

H.B. NO.

860

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO EXPERIMENTAL MODERNIZATION PROJECTS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 78-3.5, Hawaii Revised Statutes, is repealed.

["[§78-3.5] Experimental modernization projects. (a) It is the intent of this section to encourage and facilitate improvements in the human resource programs of the several jurisdictions. With the approval of the chief executive, the director may conduct experimental modernization projects to determine whether specific changes in its human resource program would result in a more desirable program for the jurisdiction.

(b) Prior to the implementation of any experimental modernization project, the director shall:

(1) Develop a plan identifying the purposes of the project, the methodology to be used, the duration of the project, the criteria for evaluation of the project, and the cost of the project, if any;

(2) Consult with the employees who would be involved in the conduct of the project; and

(3) Negotiate with the exclusive representative if a modification or waiver of any provision in a collective bargaining agreement is necessary to conduct the project.

(c) While the project is in progress, it shall not be limited by state or local personnel laws and rules, but shall be in compliance with all equal employment opportunity laws and laws prohibiting discrimination."]

SECTION 2. Section 78-3.6, Hawaii Revised Statutes, is repealed.

["[§78-3.6 Experimental modernization projects; county boards of water supply.] It is the intent of this section to encourage and facilitate improvements in the human resource programs of qualifying boards of water supply. With or without the approval from the chief executive, the director of any qualifying board of water supply may conduct experimental modernization projects to determine whether specific changes in its human resource program would result in a more desirable program for the jurisdiction.

Prior to the implementation of any experimental modernization project, the director of any qualifying board of water supply shall:

(1) Develop a plan identifying:

(A) The purpose of the project;

(B) The methodology to be used;

(C) The duration of the project;

(D) The criteria for evaluation of the project; and

(E) The cost of the project, if any; and

(2) Consult and negotiate with the exclusive representative if a modification or waiver of any provision in a collective bargaining agreement, including any new provision, is necessary to conduct the project.

The representative of the qualifying board of water supply and the exclusive representative shall mutually agree in writing to any modification, waiver, or new provision before the project is implemented.

While the board of water supply project is in progress, it shall not be limited by state or local personnel laws and rules, but shall be in compliance with all equal employment opportunity laws, laws prohibiting discrimination, and chapter 89.

For purposes of this section, "qualifying board of water supply" means any county board of water supply serving a population of 500,000 or more persons."]

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken.

SECTION 5. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

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