STAND. COM. REP. NO.  36

 

Honolulu, Hawaii

                , 2009

 

RE:   H.B. No. 111

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Labor & Public Employment, to which was referred H.B. No. 111 entitled:

 

"A BILL FOR AN ACT RELATING TO STATE SALARIES,"

 

begs leave to report as follows:

 

 

     The purpose of this bill is to provide fairness in the process of collecting moneys owed to the State or county by a state officer, agent, or employee, by establishing a two-year statute of limitations for the recovery of overpayment of state salaries.

 

     The Hawaii Government Employees Association, Hawaii State Teachers Association, and a concerned individual testified in support of this bill.  The Department of Accounting and General Services submitted comments on this bill.

 

     Colleting overpayments of a state employee's salary can be an arduous and oftentimes difficult task, especially when the overpayment is the result of miscalculations by the State.  If this error goes undetected by either party for a number of years, it can make the process all that more difficult.

 

     Under current law, the State is provided with an unlimited amount of time to collect overpayments it made to state employees.  However, if an underpayment of a state employee's salary is made, the employee is allowed only a certain window of opportunity to file a claim.  Limiting the time the State has to pursue reimbursement of a salary overpayment made to a state employee brings fairness to this process.

 

     As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 111 and recommends that it pass Second Reading and be referred to the Committee on Finance.

 

 

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

 

 

 

 

____________________________

KARL RHOADS, Chair