STAND. COM. REP. NO. 3716

Honolulu, Hawaii

RE: H.B. No. 1698

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Labor, Culture and the Arts and Ways and Means, to which was referred H.B. No. 1698, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING,"

beg leave to report as follows:

The purpose and intent of this measure is to amend the employees included in bargaining unit (14) by:

(1) Retaining state law enforcement officers (LEOs) under bargaining unit (14); and

(2) Creating a separate bargaining unit (15) for state and county ocean safety and water safety officer (OSOs).

Your Committees received testimony in support of this measure from City and County of Honolulu; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and nine individuals.

Your Committees find that combining the specialized needs of LEOs and OSOs into one bargaining unit has proven to be impractical as they are two separate and distinct occupational classes. LEOs are armed personnel:

(1) Trained to execute law enforcement services statewide;

(2) Trained to handle detained persons;

(3) Who serve arrest warrants; and

(4) Ensure the compliance of state law in a variety of areas, including airports, courts, harbors, and state lands.

OSOs are not armed and do not provide law enforcement services, but rather are:

(1) Trained for ocean rescues;

(2) Emergency medical first responders; and

(3) Trained for injury prevention.

Your Committees further find that through a separate bargaining unit, the mandatory trainings, certifications, and specialized needs of LEOs and OSOs would be more directly and uniformly addressed. Your Committees note that separation of bargaining unit (14) into two distinct units would not affect the voting structure for the purposes of negotiating a collective bargaining agreement with four hundred thirteen LEO members and four hundred five OSO members, respectively.

Your Committees have amended this measure by:

(1) Changing the effective date to be upon its approval; and

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

As affirmed by the records of votes of the members of your Committees on Labor, Culture and the Arts and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1698, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1698, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Labor, Culture and the Arts and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ BRIAN T. TANIGUCHI, Chair