Bill Text: HI SB890 | 2013 | Regular Session | Amended

Hawaii Senate Bill 890 (Prior Session Legislation)

Bill Title: Hawaii Labor Relations Board; Temporary Member

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-06-18 - Act 095, 6/14/2013 (Gov. Msg. No. 1195). [SB890 Detail]

Download: Hawaii-2013-SB890-Amended.html

STAND. COM. REP. NO. 324

Honolulu, Hawaii

RE: S.B. No. 890

S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

Your Committee on Judiciary and Labor, to which was referred S.B. No. 890 entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII LABOR RELATIONS BOARD,"

begs leave to report as follows:

The purpose and intent of this measure is to allow the Governor to appoint an acting member to serve on the Hawaii Labor Relations Board in the event that a regular board member is temporarily unable to act due to recusal.

Your Committee received testimony in support of this measure from the Department of the Attorney General, University of Hawaii Professional Assembly, and one private individual.

Your Committee finds that existing law requires three members to serve on the Hawaii Labor Relations Board to ensure that collective bargaining is conducted in accordance with collective bargaining laws. Any action taken by the Board is done by simple majority. However, in the event that a board member recuses the member's self and the remaining board members cannot agree, the Board may be deadlocked and unable to act. This measure addresses the elimination of a tiebreaker by allowing the Governor to appoint an acting board member to serve on the Board in the event that a regular board member is unable to act upon a matter due to recusal.

Your Committee has amended this measure by:

(1) Adopting the language suggested by a private individual that clarifies that the acting member appointed due to a regular board member's recusal shall be appointed for the case in which the recusal occurred and that the acting member's appointment terminates when a final decision is filed or the case is withdrawn;

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

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

As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 890, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 890, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

CLAYTON HEE, Chair