STAND. COM. REP. NO. 202

Honolulu, Hawaii

RE: S.B. No. 340

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Labor and Technology, to which was referred S.B. No. 340 entitled:

"A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING IN PUBLIC EMPLOYMENT,"

begs leave to report as follows:

The purpose and intent of this measure is to clarify that the Hawaii Labor Relations Board has the authority to enforce its own orders issued pursuant to state law governing collective bargaining in public employment, in addition to discretion to seek judicial enforcement of its orders under the Hawaii Employment Relations Act.

Your Committee received testimony in support of this measure from the Hawaiʻi Labor Relations Board.

Your Committee received testimony in opposition to this measure from the Department of the Attorney General.

Your Committee finds that discrepancies exist between the Hawaii Revised Statutes and the Hawaii Administrative Rules governing the enforcement powers of the Hawaii Labor Relations Board. The Hawaii Labor Relations Board is a quasi-judicial agency with exclusive original jurisdiction over prohibited practice cases and the power to impose fines in certain cases. While the Hawaii Revised Statutes provide that the Board "may" petition the appropriate circuit court to enforce an order, the Hawaii Administrative Rules also detail mechanisms for the Board to enforce its own orders. For consistency, this measure clarifies in statute that the Board has the power to enforce its own orders.

Your Committee has 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 record of votes of the members of your Committee on Labor and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 340, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 340, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Labor and Technology,

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HENRY J.C. AQUINO, Chair