STAND. COM. REP. NO.530

Honolulu, Hawaii

, 2003

RE: S.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 S.B. No. 1373 entitled:

"A BILL FOR AN ACT RELATING TO STAFFING FOR FEDERALLY FUNDED PROGRAMS,"

begs leave to report as follows:

The purpose of this measure is to clarify that positions established by the Department of Labor and Industrial Relations for the purpose of implementing federally-funded employment or training programs shall be exempt from civil service laws.

Testimony in support of this measure was submitted by the Department of Labor and Industrial Relations. The Hawaii Government Employees Association submitted testimony supporting the general and intent and purpose of the measure.

Your Committee finds that in 1983, section 394A, Hawaii Revised Statutes, was enacted to provide staffing necessary for the State to administer federally-funded training programs under the Job Training Partnership Act. Due to the temporary nature of the positions, they were classified as exempt. In 1998, the Job Training Partnership Act was replaced by the Workforce Investment Act (WIA) of 1998. Subsequently, the Department of Labor and Industrial Relations (DLIR) introduced legislation amending various sections of the law relating to the administration of federally-funded job training programs. However, instead of amending the law to allow exempt positions for staffing of under the WIA, the applicable section was repealed, leaving no statutory basis for the ten exempt positions within DLIR.

Your Committee determines that this measure is necessary to allow DLIR to statutorily restore its six exempt positions to assist in the administration of the WIA. However, so as not to be overly broad or restrictive, your Committee further determines that the current positions or any additional positions utilized or created in the future should not be required to be exempt from civil service status.

Accordingly, your Committee believes that this measure will allow DLIR to execute its duties as the recipient of federal employment and training funds for the State and help to secure the receipt of future federal employment and training funds.

Your Committee has amended the measure as follows:

(1) By replacing the term "shall" with the term "may", thereby allowing DLIR the discretion to exempt employees from Chapter 76, Hawaii Revised Statutes; and

(2) By making technical, nonsubstantive amendments to conform with preferred drafting conventions and for clarity.

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 S.B. No. 1373, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.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