Bill Text: HI SB2448 | 2024 | Regular Session | Introduced
Bill Title: Relating To Indebtedness To The State.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced) 2024-02-09 - The committee on LBT deferred the measure. [SB2448 Detail]
Download: Hawaii-2024-SB2448-Introduced.html
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THE SENATE |
S.B. NO. |
2448 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to indebtedness to the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 78-12, Hawaii Revised Statutes, is amended by amending subsections (e) and (f) to read as follows:
"(e) If the indebtedness has occurred as a result
of salary or wage overpayment, the disbursing officer shall determine the
amount of indebtedness and notify the employee in writing of the indebtedness[;]
within sixty days; provided that, to be an actionable cause of action,
the determination [and notice to the employee] shall be made within two
years from the date of the salary or wage overpayment, and not after. If the employee contests the disbursing
officer's determination of indebtedness, the employee may request a hearing
pursuant to chapter 91.
(f) Regardless of whether a contested
determination of indebtedness is pending, the disbursing officer shall commence
immediate recovery of the indebtedness as provided in this subsection. [If the indebtedness is equal to or less
than $1,000, the disbursing officer shall immediately deduct from any
subsequent periodic payment normally due the employee any amount up to the
total amount of indebtedness and for indebtedness greater than $1,000, the]
The disbursing officer shall deduct:
(1) An amount agreed to by the employee and the
appointing authority, but not less than [$100] $50 per pay
period; or
(2) [One-quarter] Five per cent of
the salary, wages, or compensation due the employee until the indebtedness is
repaid in full.
In addition to paragraph (1), an
employee and the appointing authority may agree to offset any remaining amount
of indebtedness by applying the current value of appropriate leave or
compensatory time credits posted in the employee's respective accounts as
balances that would otherwise be payable in cash upon separation from service;
provided that credits shall not be applied to any extent that would require a
refund of any moneys already deducted or repaid or that would require the
payment of any moneys to the employee equivalent to a cashing out of leave or
compensatory time credits."
SECTION 2.
This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Salary Withheld; Indebtedness to the Government; Payment
Description:
Reduces
the time requirement when a disbursing officer shall inform the employee of
indebtedness. Reduces the minimum amount
owed per pay period from $100 to $50 or 5% of the new employee's wages.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
