STAND

STAND. COM. REP. 537

Honolulu, Hawaii

, 2003

RE: H.B. No. 287

H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 287, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC EMPLOYEES,"

begs leave to report as follows:

The purpose of this bill as received is to require the termination from public employment of an employee who is convicted of a felony that took place within the course and scope of the public employee's duties.

The League of Women Voters of Hawaii and Hawaii State Ethics Commission testified in support of the measure. The Departments of the Attorney General and Human Resources Development testified in support of the intent of the measure and offered amendments. The University of Hawaii Professional Assembly opposed the bill.

Upon further consideration, your Committee has amended the bill to:

(1) Clarify that the public employee shall be terminated for conviction for a felony that was committed in violation of the employee's duties.

(2) Clarify that even if the public employee's conviction is overturned, the employee may be terminated in accordance with other provisions of law;

(3) Delete references to elected and public officials because such persons are covered in existing law;

(4) Specify that public employees covered by a collective bargaining agreement may not file a grievance contesting their termination; and

(5) Change the effective date for public employees covered by a collective bargaining agreement to the termination of the agreement or July 1, 2004, whichever occurs first.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 287, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance, in the form attached hereto as H.B. No. 287, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

		____________________________ ERIC G. HAMAKAWA, Chair