Report Title:

Public Employment; Collective Bargaining

 

Description:

Clarifies the legislative intent of Act 51, Session Laws of Hawaii 2004, with respect to public employment and collective bargaining.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1556

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to education.

 

 

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

 

     SECTION 1.  The purpose of this Act is to clarify the intent of the legislature that in the event of a conflict between Act 51, Session Laws of Hawaii 2004, and sections 89‑10(d) and 89-19, Hawaii Revised Statutes, Act 51, Session Laws of Hawaii 2004, shall control.

     SECTION 2.  Section 89-10, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  [Whenever] Except for rules, policies, and procedures promulgated pursuant to Act 51, Session Laws of Hawaii 2004, whenever there is a conflict between the collective bargaining agreement and any of the rules adopted by the employer, including civil service or other personnel policies, standards, and procedures, the terms of the agreement shall prevail; provided that the terms are not inconsistent with section 89‑9(d).

     [Whenever] Except for rules, policies, and procedures promulgated pursuant to Act 51, Session Laws of Hawaii 2004, whenever there are provisions in a collective bargaining agreement concerning a matter under chapter 76 or 78 that is negotiable under chapter 89, the terms of the agreement shall prevail; provided that the terms are not inconsistent with section 89-9(d)."

     SECTION 3.  Section 89-19, Hawaii Revised Statutes, is amended to read as follows:

     "§89-19  Chapter takes precedence, when.  This chapter shall take precedence over all conflicting statutes concerning this subject matter, except for Act 51, Session Laws of Hawaii 2004, and shall preempt all contrary local ordinances, executive orders, legislation, or rules adopted by the State, a county, or any department or agency thereof, including the departments of human resources development or of personnel services or the civil service commission."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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