The Senate Committee on Government Operations

Tuesday, March 20, 2018

2:50 PM, Conference Room 224

RE: HB 1932, HD1 Relating to Emergency Rules by Agencies

Attention: Chair Donna Mercado Kim, Vice Chair Russell E. Ruderman and

members of the Committee

The University of Hawaii Professional Assembly (UHPA) urges the committees support for HB 1932, HD1. HB 1932, HD1 is designed to ensure that when unexpected events arise that the appropropriate state agencies are authorized to adopt emergency rules that temporarily address the circumstances. UHPA notes that Hawai‘i public sector unions are anticipating a 2018 US Supreme Court decision in Janus v American Federation of State, County and Municipal Council 31, US Supreme Court Docket No. 16-1466 that could undermine the financial ability of unions to effectively fulfil their statutory obligations of negotiations and representation. This type of circumstance speaks to the need to have emergency rulemaking authority recognized more broadly in statute through amendments to Sections 91-3 and 91-4 of Hawai‘i Revised Statutes.

UHPA has spoken on HB 1929 which amends Chapter 89 and would grant emergency rulemaking authority to the Hawai‘i Labor Relations Board due to the potential threats that currently exist for Hawai‘i public employee unions.

UHPA believes that it is in the interest of good state policy that both a specific authority and a broader authority be entertained by the legislature.  While UHPA can identify the problems created in a Janus circumstance there are other situations that require a response to a variety of factors. It makes sense for the legislature to recognize two paths for emergency rulemaking that supports addressing a variety of potential events and uncertain conditions now and in the future.

UHPA urges the committees support for HB 1932, HD1.

Respectfully submitted,

Kristeen Hanselman

Executive Director