COM 0945.000 1996-1998 - Laserfiche WebLink

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Richard D. wurdeman, Esq. navid Z. Arakawa, Esq. J. P. Schmidt, Esq. August 4, 1998 Page 3 submitted the cost items to the Legialature for the following bargaining units on the following dates: Unit 01 on May 1, 1998; Unit 02 on January 14, 1998; Unit 03 on November 12, 1997; Unit 04 on November 12, 1997; Unit 06 on October 2, 1997; Unit 08 on February 9, 1998; Unit 09 on March 26, 1998; and Unit 13 on March 24, 1998. Bills to appropriate funds to pay for salary increases and other cost adjustments negotiated in fiscal biennium 1995-1997 had been introduced in the House on January 22, 1997, for each of the collective bargaining units. Each of these bills were carried over into the Regular Session of 1998. These so-called vehicle' bills were introduced with zero dollars appropriated to fund cost items because the amounts necessary for funding the respective cost items were not yet known at the time the bills were introduced. Normal practice is for the Legislature to insert the appropriate dollar amount obtained from the cost data submitted by the Governor for each bargaining unit into each appropriation bill. After the Legislature received the cost data from the Governor, the Legislature did not insert the cost data into the respective vehicle bills, hold hearings or take committee action on the bills, or conduct a floor vote.' The Legislature adjourned aim dig on May 14, 1998 without expressly approving or rejecting the cost items for any of the public employee bargaining units. The effect of the Legislature's failure to act upon requests for appropriation to fund cost items properly submitted is determined by Chapter 89, HRS. A review of the legislative history of Chapter 89, HRS, reveals that the original bill for Chapter 89, HRS, Senate Bill (S.S.) No. 1696-70, introduced in 1970 read as follows: A request for funds necessary to implement such written agreement, and for approval of any other matter requiring the approval of the appropriate legislative body, shall be submitted by the employer to the legislative body within 14 days of the date on which ' During the 1997 Regular Session, two House Committees held hearings on these -vehicle billow but no substantive action was taken because the parties were still in negotiations over each of the collective bargaining agreements and cost data could not yet be determined. 08/04/98 17:23 TX/RX N0.8856 P.004