Bill Text: HI SB2812 | 2012 | Regular Session | Introduced
Bill Title: Leaves of Absence; Public Officers and Employees
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-25 - (S) Referred to JDL, WAM. [SB2812 Detail]
Download: Hawaii-2012-SB2812-Introduced.html
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THE SENATE |
S.B. NO. |
2812 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LEAVES OF ABSENCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 76-30.5, Hawaii Revised Statutes, enacted by Act 70, Session Laws of Hawaii 2010, establishes provisions for leaves of absence for civil service employees to serve in certain exempt appointed positions. As enacted, the provisions result in differential treatment between civil service "included" employees who are covered by collective bargaining agreements, and civil service "excluded" employees who are generally covered by executive orders. Although the collective bargaining agreements provide for up to four years of leave for the designated purpose for included employees, Act 70 limited to one year the maximum length of the leave for excluded employees. However, section 89C-3, Hawaii Revised Statutes, requires that employees not covered by collective bargaining agreements be provided compensation and benefits packages, including leave rights, that are at least equal to those provided to their included counterparts. In addition, section 89C-6 allows chapter 89C, Hawaii Revised Statutes, to take precedence over all other statutes, including chapter 76, Hawaii Revised Statutes. Therefore, the apparent inconsistencies between section 76-30.5 and chapter 89C make implementation of section 76-30.5 and administration over affected employees uncertain.
Although enacted in 2010, the legislature finds that this gubernatorial administration is the first to deal with the application of the limitations reflected in section 76-30.5. The legislature further finds that this administration’s experience in attempting to interpret and implement section 76-30.5 would detrimentally affect state government by transfers and the loss of experienced employees currently serving as department directors, deputy directors, and private secretaries.
Given the uncertainty about the effect of section 76-30.5 without corresponding revisions to chapter 89C, the mandates of chapter 89C, and the detrimental effects of section 76-30.5, the purpose of this bill is to repeal section 76-30.5 and return to the status quo of equal leave rights for civil service excluded and included employees.
SECTION 2. Section 76-30.5, Hawaii Revised Statutes, is repealed.
["[76-30.5]
Leaves of absence to accept appointed positions exempt from civil service;
prohibited. Notwithstanding section 78-23, no leave of absence
shall be granted to any employee who leaves a position covered under this
chapter for a position that is exempt from this chapter under section
76-16(b)(7), (8), (9), (10), or (16) and whose term of appointment is not less
than one year; provided that this section shall not apply to any employee whose
collective bargaining agreement provides for the granting of a longer leave of
absence."]
SECTION 3. Statutory material to be repealed is bracketed and stricken.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Leaves of Absence; Public Officers and Employees
Description:
Repeals section 76-30.5, Hawaii Revised Statutes, which limits excluded civil service employees to take a leave of absence of less than one year to fill certain appointed positions.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
