STAND. COM. REP. NO. 1553

Honolulu, Hawaii

, 2005

RE: S.B. No. 1352

S.D. 1

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Finance, to which was referred S.B. No. 1352, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to permit a state or county employee to take seven days of paid leave per year to serve as a bone marrow donor and 30 days of paid leave to serve as an organ donor.

The Department of Human Resources Development supported the intent of this measure. The Department of the Attorney General, Department of Human Resources of the City and County of Honolulu, and Hawaii Government Employees Association provided comments.

Your Committee has amended this measure by creating a Part II that adds the language from House Bill No. 266, House Draft 1. As amended, the purpose of this bill is also to establish clear distinctions between mandatory, excluded, and permissive subjects of collective bargaining. Among other things, Part II of this bill:

(1) Eliminates statutory language that prohibits an

agreement between an employer and an exclusive employee representative that was inconsistent with the merit principle or the principle of equal pay;

(2) Eliminates the prohibition of an agreement between an

employer and an exclusive employee representative that would interfere with various rights and obligations of a public employer; and

(3) Provides that an employer may negotiate over permissive

subjects of collective bargaining, including:

(A) The merit principle;

(B) Principle of equal pay for equal work;

(C) Qualifications, standards for work, and the nature

and content of examinations;

(D) Standards to maintain efficiency and productivity;

(E) The method and means by which government operations

are to be conducted; and

(F) Actions necessary to carry out the mission of the employer in cases of emergencies.

Your Committee has also changed the effective date to July 1, 2010, to encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1352, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1352, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.

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

 

____________________________

DWIGHT TAKAMINE, Chair