STAND. COM. REP. NO. 2663

Honolulu, Hawaii

RE: S.B. No. 2367

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2367, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO OCCUPATIONAL SAFETY AND HEALTH,"

begs leave to report as follows:

The purpose and intent of this measure is to require the Hawaii Labor Relations Board to deliver its decisions and orders by hand, United States Postal Service mail with delivery confirmation, or electronically.

Your Committee received testimony in support of this measure from the Hawaii Labor Relations Board. Your Committee received comments on this measure from the Department of the Attorney General.

Your Committee finds that specifying the means by which the Hawaii Labor Relations Board may deliver decisions and orders and including the option of electronic distribution will promote office efficiency and reduce postage and labor costs for the State. Your Committee notes that the language specifying the means of delivery explicitly supersedes general provisions on decisions and orders by state agencies in the case of the Hawaii Labor Relations Board, so including a reference to the new language in the general provisions on decisions and orders by state agencies in section 91-12, Hawaii Revised Statutes, is superfluous.

Accordingly, your Committee has amended this measure by:

(1) Removing section 2, which added an exemption for decisions and orders governed by the new language pertaining to the Hawaii Labor Relations Board to the general provisions on decisions and orders by state agencies in section 91-12, Hawaii Revised Statutes;

(2) Inserting an effective date of July 1, 2035, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2367, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2367, S.D. 2.

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

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BRIAN T. TANIGUCHI, Chair