STAND. COM. REP. NO. 312-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 1786
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Labor and Public Employment, to which was referred H.B. No. 1786 entitled:
"A BILL FOR AN ACT RELATING TO EXEMPT EMPLOYEES,"
begs leave to report as follows:
The purpose of this bill is to allow employees in exempt positions who have performed satisfactory work for five or more consecutive years to apply for intra-departmental and inter-departmental transfers and promotional examinations for which they meet the minimum qualifications. This bill also limits the number of exempt positions to two percent of full-time equivalent civil service positions.
Supportive testimony was submitted by the Department of Education and Hawaii Government Employees Association. The Department of Human Resources Development (DHRD) supported the intent of this bill. Testimony in opposition to the bill was submitted by the Department of Personnel Services of the County of Maui.
Your Committee finds that exempt employees provide valuable services to the State in jobs just as critical to their departments' missions as those performed by civil service employees. Yet, these exempt employees do not enjoy the rights and privileges of civil service. This bill affords exempt employees the opportunity to apply for civil service positions for which they are qualified, so long as they have performed satisfactorily for five years.
Your Committee also recognizes that while a meaningful cap on exempt positions is critical, DHRD is currently in the process of reviewing all exempt positions to determine whether they should remain exempt.
Accordingly, your Committee has amended this bill as follows:
(1) Replaced the two percent limit on exempt positions with a blank percent to facilitate continued discussion on this issue;
(2) Required the Legislative Reference Bureau to compile a list of all statutory references to exempt positions, and to submit a report to the 2005 Legislature;
(3) Directed DHRD to complete its review of all exempt positions and submit a report of the findings and recommendations to the Legislature at least twenty days prior to the convening of the Regular Session of 2005; and
(4) Made technical, nonsubstantive revisions for purposes of clarity, style, and conformity.
As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1786, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1786, H.D. 1, and be referred to the Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Labor and Public Employment,
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____________________________ MARCUS R. OSHIRO, Chair |