Honolulu, Hawaii

                , 2009


RE:   H.B. No. 1287

      H.D. 1





Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii




     Your Committee on Labor & Public Employment, to which was referred H.B. No. 1287 entitled:




begs leave to report as follows:


     The purpose of this bill is to ensure that a fair and equitable civil service system is used for a majority of employees in public service by changing the status of public employment positions that are statutorily exempt from civil service to civil service positions.  This measure conforms to the intent and purpose of Act 253, Session Laws of Hawaii 2000, better known as the "Civil Service Reform Act."


     This bill also requires that civil service exempt positions be converted to civil service positions every three years unless their exempt status is extended by the Legislature.


The Hawaii Government Employees Association testified in support of this bill.  The Judiciary, Department of Accounting and General Services, Department of Human Resources Development, Department of Business, Economic Development, and Tourism, Department of Land and Natural Resources, Department of Public Safety, Department of Commerce and Consumer Affairs, Disability and Communication Access Board, Department of the Attorney General, Department of Health, Office of the Public Defender, and Department of Labor and Industrial Relations testified in opposition to this measure.


     To preserve the principle that the civil service system comprises all positions in the state, your Committee finds that the number of civil service exempt positions should be limited to the greatest extent possible.   The proliferation of exempt positions in the state over the years tends to undermine this principle.  Placing limits on the number of exempt positions and regularly monitoring the implementation of those limits will help preserve the integrity of the civil service system.


     Your Committee has amended this bill by:


     (1)  Removing the requirement that civil service exempt positions be repealed every three years unless extended by the Legislature;


     (2)  Providing for the automatic conversion of civil service exempt positions to civil service positions within three years of the enactment of this measure;


     (3)  Deleting the provision that makes it mandatory for employees of the Office of the Public Defender to be appointed in accordance with civil service requirements; and


     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.


     As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1287, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1287, H.D. 1, and be referred to the Committee on Finance.


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