Bill Text: HI SB1271 | 2010 | Regular Session | Amended
Bill Title: Government Attrition Policy
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1271 Detail]
Download: Hawaii-2010-SB1271-Amended.html
Report Title:
Vacation Allowance; Exempt State Managerial Executive Department Employees; Exempt State Managerial Legislative Branch Employees; Statewide Attrition Policy
Description:
Requires state managerial executive department and state managerial legislative branch employees who are exempt from chapter 76, HRS (civil service law) to use or donate accumulated and accrued vacation allowance prior to discharge, or to forfeit remaining vacation allowance and any compensation in lieu of retaining vacation allowance upon discharge. Provides for a statewide attrition policy.
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THE SENATE |
S.B. NO. |
1271 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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Proposed |
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A BILL FOR AN ACT
RELATING TO PUBLIC EMPLOYEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Section 78-23, Hawaii Revised Statutes, is amended to read as follows:
"§78-23 Leaves of absence. (a) Employees shall be eligible for vacation leave, sick leave, and other leaves of absence, with or without pay, as negotiated under chapter 89 or adjusted under chapter 89C, as applicable.
(b) When an employee, including any managerial
employee of an executive department of the State who is exempt from chapter 76
and any managerial employee of the legislative branch of the State who is
exempt from chapter 76, is transferred from one department to another
within the same jurisdiction or to another jurisdiction within the State, the
employee shall be given credit for the vacation earned or accumulated in the
department from which the employee transferred, and the director of finance of
the State or the equivalent officers of the several jurisdictions shall make
the appropriate transfer of funds to implement the employee transfer. Moneys
received from [any such] the transfer of funds by a state agency
financed by the general fund of the State shall be deposited with the director
of finance of the State to the credit of the general fund of the State;
provided that, when an employee is transferred from one department to another
within the same jurisdiction, the transfer of funds shall not be made if the
employee's salary is paid from the same fund. Compensation for any period of
vacation allowance shall be paid at the rate to which the employee is entitled at
the time the allowance is granted.
(c) [Upon] Except as provided in
subsection (f), upon discharge, an employee shall be entitled to all of the
employee's accumulated vacation allowance plus the employee's current accrued
vacation allowance to and including the date of discharge, notwithstanding that
the current accrued vacation allowance may not have been recorded at the time.
If any employee, including any managerial employee of an executive
department of the State who is exempt from chapter 76 and any managerial
employee of the legislative branch of the State who is exempt from chapter 76,
dies with accumulated or current accrued vacation earned but not taken, an
amount equal to the value of the employee's pay over the period of [such]
the earned vacation, and any earned and unpaid wages, shall be paid to
the person or persons who may have been designated as the beneficiary or
beneficiaries by the employee during the employee's lifetime in a verified
written statement filed with the comptroller or other disbursing officer who
issues warrants or checks to pay the employee for the employee's services as a
public employee, or, failing the designation, to the employee's estate.
(d) [Whenever] Except as provided in
subsection (f), whenever an employee is to be discharged,
voluntarily or involuntarily, the employee, at the option of the appointing
authority, may be discharged and paid forthwith, in lieu of the employee's
vacation allowance, the amount of compensation to which the employee would be
entitled or which the employee would be allowed during the vacation period if
the employee were permitted to take the employee's vacation in the normal
manner, and in [such] that case the employee's position may be
declared vacant and may be permanently filled by a new appointee before the
expiration of any vacation period following the date of the discharge. For an
employee hired after June 30, 1997, who is to be discharged, voluntarily or
involuntarily, the amount of compensation to be paid in lieu of vacation allowance
under this section shall be computed using the rate of pay and amount of
accumulated and accrued vacation on the date the employee is discharged. [Prompt]
The department head shall give employees prompt notice [upon
such forms and in such manner as may be required shall be given by the
department head] of any action taken under this provision.
(e) Payments of vacation allowance paid pursuant to subsections (c) or (d) shall be subject to the provisions of chapter 88D.
(f) Upon voluntary or involuntary discharge from the State, a managerial employee of an executive department of the State who is exempt from chapter 76 or a managerial employee of the legislative branch of the State who is exempt from chapter 76 shall not be entitled to compensation in lieu of the employee's accumulated vacation allowance or the employee's current accrued vacation allowance to and including the date of discharge; rather, beginning July 1, 2009, the employee shall:
(1) Use, prior to discharge, accumulated vacation allowance and current accrued vacation allowance to and including the date of discharge;
(2) Donate, prior to discharge, accumulated vacation allowance through a leave sharing program pursuant to section 78‑26; or
(3) Forfeit accumulated vacation allowance and current accrued vacation allowance to and including the date of discharge that is not used or not donated in accordance with paragraphs (1) and (2). An amount equivalent to the compensation that would have been paid to the employee upon discharge prior to enactment of this section shall be deposited with the director of finance of the State to the credit of the department that employed the employee immediately prior to discharge.
If a managerial employee of an executive department of the State who is exempt from chapter 76 or a managerial employee of the legislative branch of the State who is exempt from chapter 76 is voluntarily or involuntarily discharged, the employee shall not be entitled to reemployment by the same department that employed the employee immediately prior to discharge."
SECTION 2. This part shall take effect on July 1, 2009, and shall be repealed on December 31, 2010; provided that section 78‑23, Hawaii Revised Statutes, shall be reenacted in the same form in which it read on June 30, 2009.
PART II
SECTION 3. (a) Except for positions in the department of education and the University of Hawaii, with respect to positions in the executive branch vacated during fiscal year 2009–2010 and fiscal year 2010-2011:
(1) Thirty per cent of the positions vacated in each department in each fiscal year may be refilled by the head of the department to ensure the continued ability of the department to carry out its public purpose;
(2) Thirty per cent of the positions vacated in each department shall be held vacant for fiscal year 2009- 2010 and shall be assigned to a statewide personnel pool; provided that after June 30, 2010, the governor may propose the transfer of vacant positions between executive departments as necessary to fill essential positions, subject to approval by the legislature through the executive budget;
(3) Thirty per cent of the positions vacated in each department shall be held vacant for fiscal year 2010- 2011 and shall be assigned to a statewide personnel pool; provided that after June 30, 2011, the governor may propose the transfer of vacant positions between executive departments as necessary to fill essential positions, subject to approval by the legislature through the executive budget; and
(4) Forty per cent of the positions vacated in each department in each fiscal year shall be eliminated.
(b) With respect to positions in the judiciary vacated during fiscal year 2009–2010 and fiscal year 2010-2011:
(1) Thirty per cent of the positions vacated may be refilled by the chief justice to ensure the continued ability of the judiciary to carry out its public purpose;
(2) Thirty per cent of the positions vacated shall be held vacant for each fiscal year; and
(3) Forty per cent of the positions vacated shall be eliminated.
(c) With respect to positions in the University of Hawaii vacated during fiscal year 2009–2010 and fiscal year 2010-2011:
(1) Seventy per cent of the positions vacated in each fiscal year may be refilled by the president of the University of Hawaii, with the approval of the board of regents; provided that these positions shall be reallocated as necessary to restructure and organize the university to ensure the continued provision of appropriate, direct, student-related services;
(2) Thirty per cent of the positions vacated shall be held vacant for fiscal year 2009-2010; provided that after June 30, 2010, the president of the University of Hawaii may propose the transfer of vacant positions between divisions, programs, and departments as necessary to fill essential positions, subject to approval by the legislature through the executive budget; and
(3) Thirty per cent of the positions vacated shall be held vacant for fiscal year 2010-2011; provided that after June 30, 2011, the president of the University of Hawaii may propose the transfer of vacant positions between divisions, programs, and departments as necessary to fill essential positions, subject to approval by the legislature through the executive budget.
(d) With respect to positions in the department of education vacated during fiscal year 2009–2010 and fiscal year 2010-2011, twenty per cent of the vacated statewide administrative positions shall be eliminated.
(e) Funding allocations for positions vacated pursuant to this Act and refilled pursuant to this section shall be computed on the basis of the average monthly salary of the department from which the person retired, and shall be distributed accordingly. All amounts already allocated for positions vacated pursuant to this Act shall be returned to the general fund. Each department shall report its position reallocations to the director of finance, who shall report this information to the legislature no later than November 1, 2010 and November 2, 2011.
PART III
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2009.
