STAND. COM. REP. 563

Honolulu, Hawaii

, 2003

RE: H.B. No. 1203

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor and Public Employment, to which was referred H.B. No. 1203 entitled:

"A BILL FOR AN ACT RELATING TO THE ADVISORY COMMITTEsS TO THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS,"

begs leave to report as follows:

The purpose of this bill is to establish an advisory committee on labor and industrial relations to facilitate the provision of input into policies and programs of the Department of Labor and Industrial Relations (DLIR) by its users.

DLIR, the Society for Human Resource Management, Hawaii Chapter, Hawaii Disability Rights Center, and Hawaii Chapter - American Physical Therapy Association testified in support of this measure. The Office of Information Practices testified in support of the intent of the measure. ILWU Local 142 testified in opposition to this measure.

Although DLIR should benefit from as much public input into its programs and policies as possible, your Committee feels that there is nothing preventing DLIR from convening the advisory committee proposed in this measure through current administrative rules. Your Committee notes that DLIR testified that it was DLIR's opinion that the advisory committee was more apt to schedule hearings and meetings if the advisory committee were established statutorily rather than through administrative rules.

However, your Committee has some concerns about the Director of Labor and Industrial Relations (Director) having complete authority over the appointment of both committee members and the committee chair. Accordingly, your Committee has amended the measure by:

(1) Requiring the Director to submit a list of nominees to the Governor, based on recommended nominees submitted from labor, management, and the public;

(2) Requiring that the Governor make the final appointment of the advisory committee members and the chair; and

(3) Making technical, nonsubstantive amendments for purposes of clarity, conformity, and style.

Your Committee respectfully requests the Committee on Finance to take a closer look at the problem with the title of this bill, and if it concurs that the title will flaw the measure, to search for another vehicle to further the discussion of this measure.

As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1203, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1203,

H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Labor and Public Employment,

 

____________________________

MARCUS R. OSHIRO, Chair