REPORT TITLE:
Public Service


DESCRIPTION:
Amends law on withholding salary for indebtedness to make
differences over indebtedness subject to collective bargaining.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2339
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC SERVICE.
 


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

 1      SECTION 1.  Section 78-12, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (e) to read as follows:
 
 3      "(e)  If the indebtedness has occurred as a result of salary
 
 4 or wage overpayment, the comptroller or other officer shall
 
 5 determine the amount of indebtedness and notify the employee in
 
 6 writing of the indebtedness.  If the employee contests the
 
 7 comptroller or other officer's determination of indebtedness, the
 
 8 employee may request a hearing pursuant to chapter 91, and upon
 
 9 conclusion of the hearing or if the employee waives the hearing,
 
10 if the indebtedness is equal to or less than $1,000, the
 
11 comptroller or other officer shall immediately deduct from any
 
12 subsequent periodic payment normally due the employee any amount
 
13 up to the total amount of indebtedness[.]; provided that if the
 
14 employee may grieve the indebtedness under a collective
 
15 bargaining grievance procedure, then the procedure shall be
 
16 utilized to contest the indebtedness in lieu of a hearing
 
17 pursuant to chapter 91.  For indebtedness greater than $1,000,
 
18 the comptroller or other officer shall deduct:
 
19      (1)  An amount agreed to by the employee and employer, but
 

 
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                                     S.B. NO.           2339
                                                        
                                                        

 
 1           not less than $100 per pay period; or
 
 2      (2)  One-quarter of the salary, wages, or compensation due
 
 3           the employee until the indebtedness is repaid in full."
 
 4      SECTION 2.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 3.  This Act shall take effect on July 1, 2000.
 
 7 
 
 8                           INTRODUCED BY:  _______________________