Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 1373, S.D. 1, entitled:

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 to implement federally funded employment or training programs or both, including those established under the Comprehensive Employment and Training Act, Job Training Partnership Act, Workforce Investment Act, and the welfare to work program, may be exempt from the civil service law.

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. Because of the temporary nature of the positions, however, they were classified as exempt. In 1998, the Job Training Partnership Act was replaced by the Workforce Investment Act of 1998.

Subsequently, legislation was introduced that amended 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amending the law to allow exempt positions for staffing under the Workforce Investment Act, the applicable section was repealed, leaving no statutory basis for certain exempt positions within the Department.

Your Committee finds that this measure will allow the Department to statutorily restore its exempt positions to assist in the administration of the Workforce Investment Act, thereby allowing the Department to execute its duties as the recipient of federal employment and training funds for the State and enabling the Department to secure future federal employment and training funds.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1373, S.D. 1, and recommends that it pass Third Reading.