THE SENATE

S.B. NO.

1095

TWENTY-SIXTH LEGISLATURE, 2011

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS.

 

 

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

 


PART 1

INTRODUCTION

     SECTION 1.  The legislature finds that section 89-10(b), Hawaii Revised Statutes, states:

     "(b)  All cost items shall be subject to appropriations by the appropriate legislative bodies. . . . The state legislature or the legislative bodies of the counties acting in concert, as the case may be, may approve or reject the cost items submitted to them, as a whole.  If the state legislature or the legislative body of any county rejects any of the cost items submitted to them, all cost items submitted shall be returned to the parties for further bargaining."

     The legislature further finds that section 89-6, Hawaii Revised Statutes, establishes thirteen bargaining units that are authorized to bargain collectively in public employment.  These thirteen units are represented by six exclusive representative organizations, of which five are authorized to negotiate with the State of Hawaii as the employer:

(1)  The United Public Workers, representing bargaining units (1), nonsupervisory employees in blue-collar positions; and (10), institutional, health, and correctional workers;

(2)  The Hawaii Government Employees Association, representing bargaining units (2), supervisory employees in blue-collar positions; (3), nonsupervisory employees in white-collar positions; (4), supervisory employees in white-collar positions; (6), educational officers and other personnel of the department of education under the same pay schedule; (8), personnel of the University of Hawaii and the community college system, other than faculty; (9), registered professional nurses; and (13), professional and scientific employees, who cannot be included in any of the other bargaining units;

(3)  The Hawaii State Teachers Association, representing bargaining unit (5), teachers and other personnel of the department of education under the same pay schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent;

(4)  The University of Hawaii Professional Assembly, representing bargaining unit (7), faculty of the University of Hawaii and the community college system; and

(5)  The Hawaii Fire Fighters Association, representing bargaining unit (11).

     The purpose of this Act is to authorize cost items submitted to the legislature for bargaining units represented by the Hawaii Fire Fighters Association, and for officers and employees who are excluded from collective bargaining but belong to the same compensation plans as those officers and employees within corresponding bargaining units, which are applicable to fiscal years 2011-2012 and 2012-2013.

PART II

HAWAII FIRE FIGHTERS ASSOCIATION

     SECTION 2.  There are appropriated or authorized from the sources of funding indicated below to health premium payments-state (BUF 761) the following sums or so much thereof as may be necessary to fund for fiscal biennium 2011-2013 the Hawaii employer-union health benefits trust fund costs contained in the collective bargaining agreement negotiated with the exclusive bargaining representative of collective bargaining unit (11):

                        FY 2011-2012        FY 2012-2013

     General funds          $                   $

     Funds appropriated or authorized by this section shall be allotted by the director of finance to the appropriate state departments for expenditure in the respective fiscal year for the purposes of this part.

     SECTION 3.  There are appropriated or authorized from the sources of funding indicated below to health premium payments-state (BUF 761) the following sums or so much thereof as may be necessary to fund for fiscal biennium 2011–2013 the Hawaii employer-union health benefits trust fund costs authorized by chapter 89C, Hawaii Revised Statutes, for state officers and employees in the executive branch who are excluded from collective bargaining and belong to the same compensation plans as those officers and employees within bargaining unit (11):

                        FY 2011-2012        FY 2012-2013

     General funds          $                   $

     Funds appropriated or authorized by this section shall be allotted by the director of finance to the appropriate state departments or agencies for expenditure in the respective fiscal year for the purposes of this part.

     SECTION 4.  There are appropriated or authorized from the sources of funding indicated below to departmental administration and budget division (BUF 101) the following sums or so much thereof as may be necessary to fund for fiscal biennium 2011-2013 all collective bargaining cost items in the collective bargaining agreement negotiated with the exclusive bargaining representative of collective bargaining unit (11):

                        FY 2011-2012        FY 2012-2013

     General funds         $                    $

     Special funds         $                    $

     Federal funds         $                    $

     Other funds           $                    $

     The funds appropriated or authorized by this section shall be allotted by the director of finance to the appropriate state departments or agencies for expenditure in each respective fiscal year for the purposes of this part.

     SECTION 5.  There are appropriated or authorized from the sources of funding indicated below to departmental administration and budget division (BUF 101) the following sums or so much thereof as may be necessary to fund for fiscal biennium 2011-2013 the cost items authorized by chapter 89C, Hawaii Revised Statutes, for state officers and employees in the executive branch who are excluded from collective bargaining and belong to the same compensation plans as those officers and employees within collective bargaining unit (11):

                        FY 2011-2012        FY 2012-2013

     General funds          $                   $

     Special funds          $                   $

     Federal funds          $                   $

     Other funds            $                   $

     The funds appropriated or authorized by this section shall be allotted by the director of finance to the appropriate state departments or agencies for expenditure in each respective fiscal year for the purposes of this part.

PART III

ADMINISTRATIVE PROVISIONS

     SECTION 6.  Salary increases and cost adjustments provided in this Act for any officer or employee whose compensation is paid, in whole or in part, from federal, special, or other funds shall be paid wholly or proportionately, as the case may be, from the respective funds.

     SECTION 7.  Funds appropriated or authorized by this Act that are not expended or encumbered by June 30, 2012, and June 30, 2013, of the respective fiscal years, shall lapse as of those dates.

     SECTION 8.  If any provision of this Act, or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 9.  This Act shall take effect on July 1, 2030.


 


 

Report Title:

Appropriation; Collective Bargaining; Cost Items; Hawaii Fire Fighters Association; Unit (11)

 

Description:

Appropriates funds for Hawaii Employer-Union Health Benefits Trust Fund costs and salary increases for bargaining units represented by Hawaii Fire Fighters Association, and excluded counterparts for fiscal years 2011-2012 and 2012-2013.  Effective July 1, 2030.  (SB1095 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.