Bill Text: HI HB1048 | 2016 | Regular Session | Introduced
Bill Title: Elections; Reemployment Rights; Public Employees
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB1048 Detail]
Download: Hawaii-2016-HB1048-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1048 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§11- Reemployment rights. (a) Every employee subject to chapter 76 or 89 who resigns from employment to seek elective office shall be entitled to reemployment if the employee fails to be elected; provided that the employee:
(1) Files nomination papers;
(2) Requests reemployment within sixty days of the conclusion of the election; and
(3) The employee was not subject to disciplinary action or terminated for cause by the employee's public employer.
(b) Any person who requests reemployment pursuant to subsection (a), if still qualified to perform the duties of the position previously held by the person, shall be restored by the employer or the employer's successor in interest to the position or to a position of like seniority, status, and pay, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so.
(c) Any person who is restored to or reemployed in a position pursuant to this section:
(1) Shall be:
(A) Considered as having been on furlough or leave of absence and not eligible to receive employee or retirement benefits during that time;
(B) Restored or reemployed without loss of seniority; and
(C) Entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time the person resigned; and
(2) Shall not be discharged from the employment position without cause within one year after the restoration or reemployment."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Elections; Reemployment Rights; Public Employees
Description:
Establishes reemployment rights for public employees who resign in order to seek elective office.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
