STAND

STAND. COM. REP. NO. 1611

Honolulu, Hawaii

, 2005

RE: H.B. No. 99

H.D. 1

S.D. 2

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 99, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO BUSINESS,"

begs leave to report as follows:

The purpose of this measure is to reduce the fee to file a federal Securities and Exchange Commission Form D or comparable form from $200 to $100.

Your Committee has amended the measure by deleting its contents and inserting therefor, provisions that grant civil service status to the employees of the Business Action Center (Center) of the Department of Business, Economic Development, and Tourism and subjecting these positions to civil service and public employment collective bargaining laws.

Specifically, the measure, as amended:

(1) Repeals and replaces chapter 201D, Hawaii Revised Statutes, with a new chapter establishing the Business Action Center;

(2) Transfers the Center from the Department of Business, Economic Development, and Tourism to the Department of Commerce and Consumer Affairs;

(3) Replaces the exempt positions in the Center, except for the position of supervisor, with civil service positions within one year from the effective date of the measure;

(4) Entitles a Center employee to compete for appointment to the civil service position that replaces the employee's exempt position;

(5) Provides that if the employee is appointed to the civil service position:

(A) The employee's compensation shall be determined according to the applicable collective bargaining or executive order positions covering exempt employees who are appointed to replacement civil service positions; and

(B) There shall be no break in service and the appointment of the employee shall be consistent with initial probation appointments to civil service positions;

(6) Clarifies that until the date that all of the Center's exempt positions are replaced by civil service positions, the Director of Commerce and Consumer Affairs may employ non-civil service personnel as required to carry out the Center's functions; and

(7) Takes effect on July 1, 2005.

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 H.B. No. 99, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 99, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

		____________________________ BRIAN T. TANIGUCHI, Chair