Bill Text: HI SB2290 | 2016 | Regular Session | Introduced

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Bill Title: Sick Leave; Payroll Assessment

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-02-16 - The committee on JDL deferred the measure. [SB2290 Detail]

Download: Hawaii-2016-SB2290-Introduced.html

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THE SENATE	S.B. NO.	2290
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to sick leave.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 388, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   .  sick leave

     §388-A  Establishment of a sick leave payroll tax.  (a)  There shall be a tax imposed upon the salary of each employee of an employer who employed at least ten employees in the previous year.

     (b)  From fiscal year 2016-2017 to fiscal year 2021-2022, the tax shall be assessed against each employee as follows:

     (1)  0.025 per cent of the salary of each employee who earned more than $50,000 but less than $100,000 during the year; and

     (2)  0.05 per cent of the salary of each employee who earned $100,000 or more during the year.

     (c)  From fiscal year 2022-2023 and thereafter, the taxes shall be set by the payroll board.

     (d)  The assessment shall be collected each payroll period by the employer and remitted on behalf of the employer's employees to the department for deposit into the payroll trust fund on a monthly basis.

     §388-B  Establishment of payroll trust fund.  (a)  There is established in the treasury of the State, separate from all public moneys or funds of the State, a payroll trust fund, which shall be administered by the payroll board for the purposes of this part.  All assessments pursuant to this part shall be paid into the fund and all benefits payable under this part shall be paid from the fund.  The fund shall consist of:

     (1)  All assessments collected pursuant to this part, together with any interest thereon;

     (2)  All fines and penalties for the fund pursuant to this part;

     (3)  All moneys collected by way of subrogation;

     (4)  Interest earned on any moneys in the fund;

     (5)  Any property or securities acquired through the use of moneys belonging to the fund;

     (6)  All earnings of such property and securities;

     (7)  All earnings from investments of moneys in the fund; and

     (8)  All other moneys received for the fund from any source.

     (b)  Beginning with fiscal year 2017-2018, the board shall use the moneys in the payroll fund to provide sick leave benefits of up to five days per calendar year to employees of employers described under section 388-A(a).

     §388-B  Payroll board.  (a)  The payroll board is established under the department of labor and industrial relations for administrative purposes.

     (b)  The payroll board shall consist of nine members appointed by the governor in accordance with section 26-34 and the following requirements:

     (1)  Two members shall represent the public;

     (2)  Two members shall be appointed from a list of five nominees submitted by the speaker of the house of representatives;

     (3)  Two members shall appointed from a list of five nominees submitted by the president of the senate; and

     (4)  Three members shall represent employees of employers who have remitted assessments to the fund.

     (c)  Board members shall serve without compensation but shall be reimbursed from the payroll fund for all necessary expenses incurred in serving on the board.

     §388-C  Investments.  The payroll board may invest moneys from the payroll fund in the same investments that may be made by the board of trustees of the employees' retirement system under section 88-119.

     §388-D  Notice of sick leave.  The employer shall notify the payroll board of the dates that an employee is not at work and is on sick leave."

     SECTION 2.  Section 392-28, Hawaii Revised Statutes, is amended to read as follows:

     "§392-28  Duplication of benefits not permitted.  No temporary disability benefits shall be payable for any period of disability for which the employee is entitled to receive:

     (1)  Weekly benefits under the Employment Security Law or similar laws of this State or of any other state or of the United States, or under any temporary disability benefits law of any other state or of the United States except as provided in section 392-66.

     (2)  Weekly disability insurance benefits under 42 United States Code Annotated [[]section[]] 423.

     (3)  Weekly benefits for total disability under the Workers' Compensation Law of this State or any other state or of the United States, except benefits for permanent partial or permanent total disability previously incurred.  If the claimant does not receive benefits under such workers' compensation law and the claimant's entitlement to such benefits is seriously disputed, the employee, if otherwise eligible, shall receive temporary disability benefits under this chapter, but any insurer or employer or the trust fund for disability benefits providing such benefits shall be subrogated, as hereinafter provided, to the employee's right to benefits under the workers' compensation law for the period of disability for which the employee received benefits under this chapter to the extent of the benefits so received.

     (4)  Indemnity payments for wage loss under any applicable employers' liability law of this State, or of any other state or of the United States.  If an employee has received benefits under this chapter for a period of disability for which the employee is entitled to such indemnity payments, any insurer or employer or the trust fund for disability benefits providing such benefits shall be subrogated to the employee's right to such indemnity payments in the amount of the benefits paid under this chapter as hereinafter provided.

     (5)  Benefits for sick leave under part   of chapter 388."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2016.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Sick Leave; Payroll Assessment

 

Description:

Establishes a payroll assessment to fund sick leave in the private sector.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.