Bill Text: HI SB2241 | 2024 | Regular Session | Introduced
Bill Title: Relating To Labor Peace Agreements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-08 - Re-Referred to LBT, CPN/JDC. [SB2241 Detail]
Download: Hawaii-2024-SB2241-Introduced.html
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THE SENATE |
S.B. NO. |
2241 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to Labor peace agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"Chapter
organized
labor
Part
I. General Provisions
§
-1 Definitions. As
used in this chapter, unless the context otherwise requires:
"Bona fide labor organization" means an organization certified by the department pursuant to this chapter.
"Cannabis license" means a license, document, or other authority issued by the State or the United States to produce, manufacture, or dispense cannabis pursuant to law other than under chapter 329D.
"Cannabis licensee" means a person who holds a valid cannabis license.
"Department" means the department of labor and industrial relations.
"Labor peace agreement" means an agreement between an establishment and a bona fide labor organization that, at a minimum, protects the State's proprietary interests by prohibiting the labor organization from engaging in picketing, work stoppages, or boycotts against the establishment.
"Medical cannabis dispensary license" means a license issued by the department of health pursuant to chapter 329D.
"Medical cannabis dispensary licensee" means a person who holds a valid medical cannabis dispensary license.
"Person" means an individual, firm, corporation, partnership, association, or any form of business or legal entity.
§
-2 Federal law. Nothing in this chapter
shall be construed to limit the application of any federal law.
PART
II. CANNABIS INDUSTRY
§ -11 Bona fide labor organization for cannabis workers. (a) For purposes of a bona fide labor organization applicable to this part, the department shall certify as a bona fide labor organization each labor organization that:
(1) Satisfies the requirements of a "labor organization" pursuant to 29 United States Code section 402(i); and
(2) Is actively seeking to represent cannabis industry workers in the State.
(b) For the purposes of determining whether a labor organization is actively seeking to represent cannabis industry workers in the State pursuant to subsection (a)(2), the department shall consider whether:
(1) The labor organization has been recognized or certified as the bargaining representative for cannabis employees in the State;
(2) The labor organization has executed one or more current collective bargaining agreements with cannabis employers, medical cannabis dispensary licensees, or cannabis licensees in the State;
(3) The labor organization has expended resources as part of a current and active attempt to organize and represent cannabis industry workers in the State;
(4) The labor organization has filed the annual report required by 29 United States Code section 431(b) for the three immediately preceding years;
(5) The labor organization has audited financial reports covering the three immediately preceding years;
(6) Written bylaws or a constitution applicable to the three immediately preceding years exist; and
(7) The labor organization is affiliated with any regional or national association of unions, including any central labor councils.
§ -12 Labor peace agreement. (a) Each:
(1) Applicant for a medical cannabis dispensary license;
(2) Medical cannabis dispensary licensee seeking to renew a medical cannabis dispensary license;
(3) Applicant seeking a cannabis license; and
(4) Cannabis licensee seeking to renew a cannabis license,
shall submit with the application or renewal request an attestation signed by the applicant or licensee and the bona fide labor organization stating that the applicant or licensee has entered into a labor peace agreement that is effective at the time of the application or renewal request. Failure to submit the attestation required by this section within thirty days of the application or renewal request shall result in the denial of the application or renewal request.
(b) Each medical cannabis dispensary licensee and cannabis licensee shall maintain a valid labor peace agreement for the duration of the license.
(c) The department of health may suspend or revoke a medical cannabis dispensary license or a cannabis license issued by the State if the licensee fails to maintain a valid labor peace agreement.
(d) The department shall establish a schedule to periodically review each labor peace agreement. The reviews shall include verification of the status and proper maintenance of each labor peace agreement. Upon review and findings that a medical cannabis dispensary licensee or a cannabis licensee does not have a valid labor peace agreement or has otherwise not properly maintained a labor peace agreement, the department of health shall suspend the medical cannabis dispensary license or the cannabis license."
SECTION 2. Section 329D-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The application
shall be submitted to the department and shall include supporting documentation
to establish the following:
(1) That the individual applicant:
(A) Has been a legal resident of
the State for not less than five years preceding the date of application;
(B) Is not less than twenty-one
years of age; and
(C) Has had no felony convictions;
(2) That the applying entity:
(A) Has been organized under the
laws of the State;
(B) Has a Hawaii tax
identification number;
(C) Has a department of commerce
and consumer affairs business registration division number and suffix;
(D) Has a federal employer
identification number;
(E) Is not less than fifty-one
per cent held by Hawaii legal residents or entities wholly controlled by Hawaii
legal residents who have been Hawaii legal residents for not less than five
years immediately preceding the date the application was submitted;
(F) Has financial resources under its
control of not less than $1,000,000 for each license applied for, plus not less
than $100,000 for each retail dispensing location allowed under the license
applied for, in the form of bank statements or escrow
accounts, and that the financial resources have been under the control
of the applying entity for not less than ninety days immediately preceding the
date the application was submitted; [and]
(G) Is composed of principals or members,
each of whom has no felony convictions[.]; and
(H) Has entered into a labor peace agreement pursuant to section -12."
SECTION 3. Section 329D-21, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In addition to any other actions authorized by law, the department may deny, revoke, or suspend any license applied for or issued by the department, in accordance with this chapter, and to fine or otherwise discipline a licensee for any cause authorized by law, including but not limited to the following:
(1) Procuring a license through fraud, misrepresentation, or deceit;
(2) Professional misconduct, gross carelessness, or manifest incapacity;
(3) Violation of any of the provisions of this chapter or the rules adopted thereto;
(4) False, fraudulent, or deceptive advertising;
(5) Any other conduct constituting fraudulent or dishonest dealings;
(6) Failure to comply with a department
order; [and]
(7) Making a false statement on any
document submitted or required to be filed by this chapter, including
furnishing false or fraudulent material information in any application[.];
and
(8) Failure to maintain a valid labor peace agreement pursuant to -12."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that until January 1, 2025, the department of health shall not deny the renewal of, revoke, or suspend any medical cannabis dispensary license for failure to enter into a labor peace agreement.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Labor Peace Agreement; Cannabis; Employment; DLIR; DOH
Description:
Requires each cannabis dispensary to enter into a labor peace agreement that protects the State's proprietary interests by prohibiting the applicable labor organization from engaging in picketing, work stoppages, or boycotts against the establishment. Requires the Department of Labor and Industrial Relations to review labor peace agreements. Authorizes the Department of Health to suspend or revoke the cannabis license of a licensee who does not maintain a valid labor peace agreement.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
