Report Title:

Experimental Modernization Project

Description:

Amending Sections 78-3.5 and 78-3.6

THE SENATE	S.B. NO.	964
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

Experimental modernization projects.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 78-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§78-3.5[]]  Experimental modernization projects.  (a)  It is the intent of this section to encourage and facilitate improvements in the human resource programs of the several jurisdictions.  With the approval of the [chief executive] respective governing board of the qualifying board of water supply, the director may conduct experimental modernization projects to determine whether specific changes in its human resource program would result in a more desirable program for the jurisdiction.

     (b)  Prior to the implementation of any experimental modernization project, the director shall:

     (1)  Develop a plan identifying the purposes of the project, the methodology to be used, the duration of the project, the criteria for evaluation of the project, and the cost of the project, if any;

     (2)  Consult with the employees who would be involved in the conduct of the project; and

     (3)  Negotiate with the exclusive representative if a modification or waiver of any provision in a collective bargaining agreement is necessary to conduct the project.

     (c)  While the project is in progress, it shall not be limited by state or local personnel laws and rules, but shall be in compliance with all equal employment opportunity laws and laws prohibiting discrimination.

(d) This section shall not be used to replace any civil service employee.

     SECTION 2.  Section 78-3.6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§78-3.6  Experimental modernization projects; county boards of water supply[]] It is the intent of this section to encourage and facilitate improvements in the human resource programs of qualifying boards of water supply.  With [or without] the approval from the [chief executive] respective governing board of the qualifying board of water supply, the director of any qualifying board of water supply may conduct experimental modernization projects to determine whether specific changes in its human resource program would result in a more desirable program for the jurisdiction.

     Prior to the implementation of any experimental modernization project, the director of any qualifying board of water supply shall:

     (1)  Develop a plan identifying:

         (A)  The purpose of the project;

         (B)  The methodology to be used;

         (C)  The duration of the project;

         (D)  The criteria for evaluation of the project; and

         (E)  The cost of the project, if any; and

     (2)  Consult and negotiate with the exclusive representative if a modification or waiver of any provision in a collective bargaining agreement, including any new provision, is necessary to conduct the project.

     The representative of the qualifying board of water supply and the exclusive representative shall mutually agree in writing to any modification, waiver, or new provision before the project is implemented.

     While the board of water supply project is in progress, it shall not be limited by state or local personnel laws and rules, but shall be in compliance with all equal employment opportunity laws, laws prohibiting discrimination, and chapter 89.

This section shall not be used to replace any civil service employee.

     For purposes of this section, "qualifying board of water supply" means any county board of water supply serving a population of 500,000 or more persons.""

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request