HOUSE OF REPRESENTATIVES

H.C.R. NO.

219

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 1

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY ON THE CURRENT LAW AND PROCEDURES RELATING TO THE DISPOSITION OF VACATION CREDITS FOR PUBLIC EMPLOYEES THAT TRANSFER TO ANOTHER DEPARTMENT IN THE SAME JURISDICTION OR TO ANOTHER JURISDICTION.

 

 

 


     WHEREAS, section 78-23, Hawaii Revised Statutes, contains provisions relating to leaves of absence for public employees; and

 

     WHEREAS, currently, when a public employee is transferred from one department to another within the same jurisdiction or to another jurisdiction of the State, the employee must be given credit for vacation earned or accumulated in the department from which the employee transferred and the Director of Finance, or equivalent officer, is required to transfer the appropriate amount of funds to effect the employee transfer; and

 

     WHEREAS, if the state agency from which the employee transferred is financed by the general fund, the amount representing vacation earned is transferred to the general fund, rather than the agency receiving the employee; and

 

     WHEREAS, this process results in problems for the agencies involved in the transfer; and

 

     WHEREAS, the agency from which the public employee transferred incurs substantial costs to cover the vacation credits; and

 

     WHEREAS, in cases where the receiving state agency is financed by the general fund, the transferred funds are not credited to that agency and, instead, are transferred to the general fund; and

 

     WHEREAS, questions have arisen as to the rationale for this procedure, and whether a more equitable process is available with respect to the disposition of vacation credits; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the Senate concurring, that the Legislative Reference Bureau is requested to conduct a study on the current law and procedures relating to the disposition of vacation credits for public employees that transfer from one department to another in the same jurisdiction or transfer to another jurisdiction, including a review of the legislative history of the current law; and

 

     BE IT FURTHER RESOLVED that the Legislative Reference Bureau assess and determine the rationale for, and soundness of, the current law and procedures, and to offer viable alternatives; and

 

     BE IT FURTHER RESOLVED that, in conducting the study, the Legislative Reference Bureau conduct a survey of the personnel directors of the State Executive Branch, State House of Representatives, State Senate, State Judiciary, executive branches of the counties, and legislative branches of the counties, on whether problems have been experienced with the disposition of vacation credits for transferring employees and what recommendations the personnel directors have for improving the system; and

 

     BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit a report of its findings and recommendations to the Legislature no later than 20 days prior to the convening of the Regular Session of 2012; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Acting Director of the Legislative Reference Bureau and the Acting Director of the Legislative Reference Bureau is requested to send copies of this Concurrent Resolution to the personnel directors of the State Executive Branch, State House of Representatives, State Senate, State Judiciary, executive branches of the counties, and legislative branches of the counties.

 

 

 

Report Title: 

Study; Current Laws Relating to Vacation Credits