STAND. COM. REP. NO. 2552

Honolulu, Hawaii

RE: S.B. No. 3106

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Labor, Culture and the Arts and Human Services, to which was referred S.B. No. 3106 entitled:

"A BILL FOR AN ACT RELATING TO EXEMPTIONS FROM CIVIL SERVICE FOR POSITIONS IN THE DEPARTMENT OF HUMAN SERVICES,"

beg leave to report as follows:

The purpose and intent of this measure is to permanently exempt from provisions of civil service the following positions in the Department of Human Services: Information Technology Implementation Manager; Assistant Information Technology Implementation Manager; Resource Manager; Community/Project Development Director; Policy Director; Special Assistant to the Director; Limited English Proficiency Project Manager/Coordinator; and Business Technology Analyst.

Your Committees received testimony in support of this measure from the Department of Human Services. Your Committees received testimony in opposition to this measure from the Hawaii Government Employees Association, AFSCME Local 152, AFL‑CIO.

Your Committees find that the Department of Human Services has one of the largest operating budgets of any state department and an equally large staff. Your Committees also find that the complexity and magnitude of benefits and services that the Department of Human Services is responsible for delivering to state residents requires the ability to attract and retain qualified, experienced, and innovative individuals with the requisite subject matter expertise to transform the Department into an efficient and performance based entity. The positions exempted by this measure are required to lead and manage the Department's programs effectively. The positions are instrumental to improving access to and the quality of services, improving working conditions at the Department to recruit and retain the workforce, improving and standardizing procurement and other administrative processes, responding to legislative changes, establishing and maintaining clear communication, and facilitating collaborative relationships with recipients, policymakers, other departments and branches of government, and community partners and members.

Your Committees note the concerns raised by the Hawaii Government Employees Association, AFSCME Local 152, AFL‑CIO, that these positions should not be exempt from civil service as they do not meet the criteria of state law governing exemptions from civil service.

Your Committees also note that section 76-16, Hawaii Revised Statutes, which sets forth numerous positions that are exempt from civil service, is becoming extremely lengthy. Your Committees believe that there should be a different way to exempt positions from civil service without adding new positions to the statute year after year. Your Committees further note that a full review of positions exempted under existing law should be conducted in the near future.

Accordingly, your Committees have amended this measure by:

(1) Inserting an effective date of July 1, 2050, to encourage further discussion; and

(2) Making a technical, nonsubstantive amendment 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 Human Services that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3106, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3106, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Labor, Culture and the Arts and Human Services,

________________________________ JOY A. SAN BUENAVENTURA, Chair

________________________________ BRIAN T. TANIGUCHI, Chair