STAND. COM. REP. NO. 899-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 3180

S.D. 1

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 S.B. No. 3180, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EXECUTIVE DEPARTMENTS,"

begs leave to report as follows:

The purpose of this bill is to enhance accountability in government by requiring that all deputy director and special assistant positions within the Executive Branch that are not specifically authorized by statute be subject to position justification requirements and legislative review.

The Hawaii Government Employees Association testified in support of the intent of this bill. The Departments of Human Resources Development (DHRD), Budget and Finance, Labor and Industrial Relations, Taxation, and Business, Economic Development, and Tourism testified in opposition to this measure.

After careful consideration, your Committee has amended this bill by deleting its substance and inserting the provisions of House Bill No. 2741, House Draft 1, a measure previously reported by your Committee, and approved by the House on Third Reading.

 

As amended, this bill is substantively the same as Senate Bill No. 3180, Senate Draft 1. As amended, this bill would enhance accountability in government by requiring that all deputy director and special assistant positions within the Executive Branch that are not specifically authorized by statute be subject to position justification requirements and legislative review.

However, your Committee understands the concerns raised by DHRD. Accordingly, this bill has been further amended by:

(1) Requiring the Governor to submit the report to the Legislature by September 30, 2004, and deleting the requirement to disclose funding sources;

(2) Clarifying that "deputy directors" and "special assistants" include individuals exempt from Chapter 76, Hawaii Revised Statutes, employed by an executive department or agency:

(A) Whose annual salary is not less than 50 percent of a department head's or executive officer's salary; or

(B) Who is filling a position within an executive department or agency and is assigned to work in the director's office on loan for at least 75 percent of a calendar year from within that executive department or agency or from another executive department of agency;

(3) Changing the effective date of July 1, 2010, to "upon approval"; and

(4) Making technical, nonsubstantive amendments for 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 S.B. No. 3180, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3180, S.D. 1, 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,

 

____________________________

MARCUS R. OSHIRO, Chair