HOUSE OF REPRESENTATIVES

H.B. NO.

1409

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

proposing amendments to the Hawaii constitution to require aN effective time period on EACH agreement between the public employer and a collective bargaining unit.

 

 

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

 


     SECTION 1.  The purpose of this Act is to propose amendments to the Constitution of the State of Hawaii to require that each collective bargaining agreement be effective for a period of four years.

     SECTION 2.  Article VII, section 9, of the Constitution of the State of Hawaii is amended to read as follows:

     "Section 9.  In each regular session in an odd-numbered year, the legislature shall transmit to the governor an appropriation bill or bills providing for the anticipated total expenditures of the State for the ensuing fiscal biennium[.]; provided that the appropriation bill or bills may provide for anticipated expenditures for any collective bargaining agreement beyond the ensuing fiscal biennium, for a total collective bargaining agreement time period not to exceed four years.  In such session, no appropriation bill, except bills recommended by the governor for immediate passage, or to cover the expenses of the legislature, shall be passed on final reading until the bill authorizing operating expenditures for the ensuing fiscal biennium, to be known as the general appropriations bill, shall have been transmitted to the governor.

     In each regular session in an even-numbered year, at such time as may be provided by law, the governor may submit to the legislature a bill to amend any appropriation for operating expenditures of the current fiscal biennium, to be known as the supplemental appropriations bill, and bills to amend any appropriations for capital expenditures of the current fiscal biennium, and at the same time the governor shall submit a bill or bills to provide for any added revenues or borrowings that such amendments may require[.]; provided that the appropriation bill or bills may provide for anticipated expenditures for any collective bargaining agreement beyond the current fiscal biennium, for a total collective bargaining agreement time period not to exceed four years.  In each regular session in an even-numbered year, bills may be introduced in the legislature to amend any appropriation act or bond authorization act of the current fiscal biennium or prior fiscal periods.  In any such session in which the legislature submits to the governor a supplemental appropriations bill, no other appropriation bill, except bills recommended by the governor for immediate passage, or to cover the expenses of the legislature, shall be passed on final reading until such supplemental appropriations bill shall have been transmitted to the governor.

GENERAL FUND EXPENDITURE CEILING

     Notwithstanding any other provision to the contrary, the legislature shall establish a general fund expenditure ceiling which shall limit the rate of growth of general fund appropriations, excluding federal funds received by the general fund, to the estimated rate of growth of the State's economy as provided by law.  No appropriations in excess of such ceiling shall be authorized during any legislative session unless the legislature shall, by a two-thirds vote of the members to which each house of the legislature is entitled, set forth the dollar amount and the rate by which the ceiling will be exceeded and the reasons therefor."

     SECTION 3.  Article VII, section 11, of the Constitution of the State of Hawaii is amended to read as follows:

     "Section 11.  All appropriations for which the source is general obligation bond funds or general funds shall be for specified periods.  No such appropriation shall be made for a period exceeding three years; provided that appropriations from the state educational facilities improvement special fund may be made for periods exceeding three years to allow for construction or acquisition of public school facilities[.] and appropriations for collective bargaining agreements may be made for periods not to exceed four years.  Any such appropriation or any portion of any such appropriation that is unencumbered at the close of the fiscal period for which the appropriation is made shall lapse; provided that no appropriation for which the source is general obligation bond funds nor any portion of any such appropriation shall lapse if the legislature determines that the appropriation or any portion of the appropriation is necessary to qualify for federal aid financing and reimbursement.  Where general obligation bonds have been authorized for an appropriation, the amount of the bond authorization shall be reduced in an amount equal to the amount lapsed."

     SECTION 4.  Article XIII, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

     "Section 2.  Persons in public employment shall have the right to organize for the purpose of collective bargaining as provided by law.  Each agreement between the exclusive representative of a collective bargaining unit and the public employer shall be effective for a period of four years."

     SECTION 5.  The question to be printed on the ballot shall be as follows:

     "Shall state and county employee collective bargaining agreements be effective for a period of four years?"

     SECTION 6.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 7.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY:

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Report Title:

Constitutional Amendment; Collective Bargaining Agreements; Public Employer; Contract Term

 

Description:

Proposes a constitutional amendment to allow collective bargaining unit agreements to be effective for a period of 4 years.

 

 

 

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