Report Title:

Privatization; Retraining of Employees

Description:

Requires the retraining of employees displaced by privatization or managed competition under Act 90, Session Laws of Hawaii 2001, unless the employee chooses severance, retirement, or employment transfer to the private company.

 

 

THE SENATE

S.B. NO.

461

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to government services.

 

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

SECTION 1. Act 90, Session Laws of Hawaii 2001, section 2, is amended by amending subsection (d) of the section entitled "§   -2 Determination; standards" to read as follows:

"(d) Any employee displacements [shall be subject to section 46-   or 89A-1(e) as appropriate.] resulting as a consequence of the privatization of services under this chapter, shall not be resolved by the layoff of any civil service employee. The government agency executing a contract to privatize services shall use its resources for placing, retraining, and providing voluntary severance incentives for displaced civil service employees. Methods that may be used to minimize or avoid the adverse effects of an agency's decision to secure needed services from contractors may include:

(1) Coordination with the private service provider awarded the contract under this section to continue a displaced employee's employment as an employee of the contractor;

(2) Reassignment to another civil service position that the employee is qualified to fill;

(3) Retraining the employee to qualify for reassignment; and

(4) Severance incentives."

SECTION 2. Section 46-36, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) If a county executes a contract with a private contractor pursuant to the managed competition process authorized under this section, [the county may use the layoff provisions of the civil service laws and the respective collective bargaining contracts to release employees displaced from their positions by the managed competition process. Prior to implementing any layoff provision of the civil service laws or a collective bargaining contract,] the county shall use its resources for placing, retraining, and providing voluntary severance incentives for displaced employees. Any employee displacements resulting as a consequence of the managed competition process under this section shall not be resolved by the layoff of any civil service employee. Methods that may be used to minimize or avoid the adverse effects of an agency's decision to secure needed services from contractors may include:

(1) Coordination with the private service provider awarded the contract under this section to continue a displaced employee's employment as an employee of the contractor;

(2) Reassignment to another civil service position the employee is qualified to fill;

(3) Retraining to qualify the employee for reassignment; and

(4) Severance incentives."

SECTION 3. Chapter 89A, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"[[]CHAPTER 89A

OFFICE OF COLLECTIVE BARGAINING[]] AND MANAGED COMPETITION"

SECTION 4. Section 89A-1, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) If the State executes a contract with a private contractor pursuant to the managed competition process authorized under this section, the State [may use the layoff provisions of the civil service laws and the respective collective bargaining contracts to release employees displaced from their positions by the managed competition process. Prior to implementing any layoff provision of the civil service laws or a collective bargaining contract, the State] shall use its resources for placing, retraining, and providing voluntary severance incentives for displaced employees. Any employee displacements resulting as a consequence of the managed competition process under this section shall not be resolved by the layoff of any civil service employee. Methods that may be used to minimize or avoid the adverse effects of an agency's decision to secure needed services from contractors may include:

(1) Coordination with the private service provider awarded the contract under this section to continue a displaced employee's employment as an employee of the contractor;

(2) Reassignment to another civil service position the employee is qualified to fill;

(3) Retraining to qualify the employee for reassignment; and

(4) Severance incentives."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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