Honolulu, Hawaii



RE:    S.B. No. 1122

       S.D. 1




Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii




     Your Committee on Labor, to which was referred S.B. No. 1122 entitled:




begs leave to report as follows:


     The purpose of this measure is to amend various sections of Hawaii Revised Statutes to comply with Act 253, Session Laws of Hawaii 2000, which places restrictions on the creation of civil service exempt positions and requires an annual review of exempt positions to determine whether they should be converted to civil service positions.


     Testimony in support of this measure was submitted by one organization and three individuals.  Testimony in opposition to this measure was submitted by nine state agencies.  Comments were submitted by one state agency.  Written testimony presented to the Committee may be reviewed on the Legislature's website.


     Your Committee finds that despite the enactment of Act 253, Session Laws of Hawaii 2000, few exempt positions have been converted to civil service positions.  According to the Hawaii Government Employees Association, a review submitted to the 2009 Legislature reported that only thirty-seven exempt positions under section 76‑16(b)(17), Hawaii Revised Statutes, were converted to civil service between November 1, 2007 and October 31, 2008.


     Your Committee notes the concern with this measure's amendment to section 76‑16(b)(17), Hawaii Revised Statutes, regarding the repeal of exempt positions every three years.  Your Committee believes that this issue merits further debate by the Legislature, as this measure is a work in progress intended to advance the timely conversion of exempt positions to civil service positions.


     Your Committee has amended this measure:


     (1)  By amending the effective date to July 1, 2050 for the purpose of encouraging further discussion; and


     (2)  By making technical, nonsubstantive stylistic changes.


     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. 1122, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1122, 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,