STAND. COM. REP. NO. 2327

Honolulu, Hawaii

RE: S.B. No. 3267

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 Higher Education and Labor, Culture and the Arts, to which was referred S.B. No. 3267 entitled:

"A BILL FOR AN ACT RELATING TO THE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Allow the University of Hawaii to enter into contracts with the Research Corporation of the University of Hawaii for the purposes of supporting or facilitating sponsored research and training activities, or for advancing innovation and entrepreneurship in the State using funds appropriated by the Legislature; and

(2) Require the University of Hawaii to consult with employee unions to review conformance positions with exceptions to collective bargaining for the purpose of employment of personnel.

Your Committees received testimony in opposition to this measure from the Research Corporation of the University of Hawaii, Maui Forest Bird Recovery Project, and fourteen individuals. Your Committees received comments on this measure from the University of Hawai‘i System.

Your Committees find that the Research Corporation of the University of Hawaii, a public instrumentality of the State that is administratively attached to the University of Hawaii, was established in 1965 for the purposes of promoting, encouraging, initiating, developing, and conducting scientific research and investigation in all branches of learning, and disseminating to the public, the benefits of such research and investigation. However, recent issues regarding the blended use of the Research Corporation of the University of Hawaii beyond its stated purpose has created some ambiguity regarding employment of personnel and certain contracts for University of Hawaii projects. To support the continued pursuit of sponsored research and training activities, innovation, and entrepreneurship for the State, this measure authorizes the Research Corporation of the University of Hawaii to enter into contracts with the University of Hawaii for specific purposes and requires the University of Hawaii to consult with employee unions to review the conformance of positions with exceptions to collective bargaining.

Your Committees have amended this measure by:

(1) Authorizing the Research Corporation of the University of Hawaii's to retain contracts related to invasive species control and eradication;

(2) Clarifying that the University of Hawaii is required to consult with employee unions only in cases where a state project or program, or state employee is involved; and

(3) Inserting an effective date of July 1, 2050, to encourage further discussion.

As affirmed by the records of votes of the members of your Committees on Higher Education and Labor, Culture and the Arts that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3267, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3267, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Higher Education and Labor, Culture and the Arts,

________________________________ BRIAN T. TANIGUCHI, Chair

________________________________ DONNA MERCADO KIM, Chair