STAND. COM. REP. NO.1113

Honolulu, Hawaii

, 2003

RE: H.B. No. 1373

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor, to which was referred H.B. No. 1373 entitled:

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

begs leave to report as follows:

The purpose of this measure is to set forth leave provisions for permanent full-time employees of the State or one of its political subdivisions who are exempt from Chapters 76 and 89, but are not considered "excluded employees" under section 89C-1.5, Hawaii Revised Statutes.

The Department of Human Resources Development submitted testimony in support of the intent of the measure with recommendations for amendments. The Hawaii Government Employees Association opposed passage of the measure stating that if passed as received by your Committee, the measure would create an inequitable leave earning status for employees.

Act 253, Session Laws of Hawaii 2000, repealed Chapter 79, Hawaii Revised Statutes, which covered leaves of absence for public employees. The repeal was effective July 1, 2001, pursuant to Act 124, Session Laws of Hawaii 2001, and since that time, no statutory provision has been enacted to address the issue. However, despite the repeal, by practice, the policy and guidelines of Chapter 79 have continued in lieu of any subsequent legislation.

Your Committee finds that the excluded employees covered by this measure should be provided appropriate leave benefits. However, new employees subject to collective bargaining agreements are currently earning less leave than that which would be provided to their excluded counterparts under this measure. Your Committee determines that in order to maintain parity amongst similarly situated employees, newly hired excluded employees should be granted leave at the same rate as their union counterparts.

Your Committee has amended the measure as follows:

(1) By establishing that the leave provisions outlined in the new Part apply to employees hired prior to July 1, 2003, unless otherwise stated;

(2) By creating a new section within the Part to require employees hired after June 30, 2003, to be entitled to and granted any leave granted to employees under the new Part at the same rates as those provided to employees in the same or similar positions that are subject to a collective bargaining agreement;

(3) By changing the effective date of the Act to July 1, 2003; and

(4) By making technical, nonsubstantive corrections to reflect proper drafting 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 H.B. No. 1373, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1373, 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