SB 2014: DHRD; Vacant Positions; Reclassification; Abolishment; Report; Lapsing of Funds

A BILL FOR AN ACT

RELATING TO PUBLIC EMPLOYMENT.

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

     SECTION 1.  The legislature finds that a significant number of government positions are funded but currently vacant, and that they have remained so for multiple years.

     Accordingly, the purpose of this Act is to eliminate wasteful spending by requiring the abolishment of any public employment position that has been vacant for more than five years if the hiring department or agency has not certified that they are awaiting approval to hire for that position.

     SECTION 2.  Section 26-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of human resources development shall be headed by a single executive to be known as the director of human resources development.  The director shall:

     (1)  Facilitate and expedite the hiring and recruitment for civil service positions under the jurisdiction of the department of human resources development; and

     (2)  Have the authority to reclassify and abolish vacant positions within state departments and agencies that are under the jurisdiction of the department of human resources development, subject to the following conditions:

          (A)  [Prior to] Except as provided in subparagraph (C), before reclassifying or abolishing any vacant position as provided under this paragraph, the director shall submit a report to the legislature no later than twenty days prior to the convening of each regular session[.  The report shall include a list of vacant positions for reclassification or abolishment, identify the agency each position is attached to, provide reasons for reclassifying or abolishing the position, and state the duration that the position has been vacant; and];

          (B)  The director may reclassify or abolish any vacant position as provided under this paragraph no earlier than sixty days after the report has been submitted to the legislature as provided under subparagraph (A)[.];

          (C)  The director shall abolish any position that has been vacant for more than five years; provided that the time a position has been vacant shall be computed beginning on the date the position was created or vacated by a regular civil service or probationary state employee; provided further that this requirement shall not apply to positions for which the hiring department or agency certifies that it is awaiting approval to hire or federally funded positions.  Funds for positions abolished under this subparagraph shall immediately lapse to the credit of the appropriate fund; and

          (D)  The report required to be submitted to the legislature pursuant to subparagraph (A) shall include:

              (i)  A list of vacant positions that will be reclassified or abolished, the agency each position is attached to, the duration that the position has been vacant, and the reasons for the reclassification or abolishment; and

              (ii)  A list of positions abolished pursuant to subparagraph (C)."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

DHRD; Vacant Positions; Reclassification; Abolishment; Report; Lapsing of Funds

Description:

Requires the Director of Human Resources Development to abolish vacant positions within state departments and agencies under its jurisdiction that have been vacant for more than 5 years with certain exceptions. Requires funds for abolished positions to immediately lapse to the credit of the appropriate fund.  Requires a list of positions abolished to be included in the Director's annual report to the Legislature.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PUBLIC EMPLOYMENT.

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

     SECTION 1.  The legislature finds that a significant number of government positions are funded but currently vacant, and that they have remained so for multiple years.

     Accordingly, the purpose of this Act is to eliminate wasteful spending by requiring the abolishment of any public employment position that has been vacant for more than five years if the hiring department or agency has not certified that they are awaiting approval to hire for that position.

     SECTION 2.  Section 26-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of human resources development shall be headed by a single executive to be known as the director of human resources development.  The director shall:

     (1)  Facilitate and expedite the hiring and recruitment for civil service positions under the jurisdiction of the department of human resources development; and

     (2)  Have the authority to reclassify and abolish vacant positions within state departments and agencies that are under the jurisdiction of the department of human resources development, subject to the following conditions:

          (A)  [Prior to] Except as provided in subparagraph (C); before reclassifying or abolishing any vacant position as provided under this paragraph, the director shall submit a report to the legislature no later than twenty days prior to the convening of each regular session[.  The report shall include a list of vacant positions for reclassification or abolishment, identify the agency each position is attached to, provide reasons for reclassifying or abolishing the position, and state the duration that the position has been vacant; and];

          (B)  The director may reclassify or abolish any vacant position as provided under this paragraph no earlier than sixty days after the report has been submitted to the legislature as provided under subparagraph (A)[.];

          (C)  The director shall abolish any position that has been vacant for more than five years; provided that the time a position has been vacant shall be computed beginning on the date the position was created or vacated by a regular civil service or probationary state employee; provided further that this requirement shall not apply to positions for which the hiring department or agency certifies that it is awaiting approval to hire or federally funded positions.  Funds for positions abolished under this subparagraph shall immediately lapse to the credit of the appropriate fund; and

          (D)  The report required to be submitted to the legislature pursuant to subparagraph (A) shall include:

               (i)  A list of vacant positions that will be reclassified or abolished, the agency each position is attached to, the duration that the position has been vacant, and the reasons for the reclassification or abolishment; and

              (ii)  A list of positions abolished pursuant to subparagraph (C)."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2077.

Report Title:

DHRD; Vacant Positions; Reclassification; Abolishment; Report; Lapsing of Funds

Description:

Requires the Director of Human Resources Development to abolish vacant positions within state departments and agencies under its jurisdiction that have been vacant for more than 5 years with certain exceptions.  Requires a list of positions abolished to be included in the Director's annual report to the Legislature.  Requires funds for abolished positions to immediately lapse to the credit of the appropriate fund.  Effective 1/1/2077.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

Relating to Public Employment.

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

     SECTION 1.  The legislature finds that a significant number of government positions are funded but currently vacant, and that they have remained so for multiple years.

     Accordingly, the purpose of this Act is to eliminate wasteful spending by requiring the abolishment of any public employment position that has been vacant for more than five years if the hiring department or agency has not certified that they are awaiting approval to hire for that position.

     SECTION 2.  Section 26-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of human resources development shall be headed by a single executive to be known as the director of human resources development.  The director shall:

     (1)  Facilitate and expedite the hiring and recruitment for civil service positions under the jurisdiction of the department of human resources development; and

     (2)  Have the authority to reclassify and abolish vacant positions within state departments and agencies that are under the jurisdiction of the department of human resources development, subject to the following conditions:

          (A)  [Prior to] Except as provided in subparagraph (C); before reclassifying or abolishing any vacant position as provided under this paragraph, the director shall submit a report to the legislature no later than twenty days prior to each regular session[.  The report shall include a list of vacant positions for reclassification or abolishment, identify the agency each position is attached to, provide reasons for reclassifying or abolishing the position, and state the duration that the position has been vacant; and];

          (B)  The director may reclassify or abolish any vacant position as provided under this paragraph no earlier than sixty days after the report has been submitted to the legislature as provided under subparagraph (A)[.];

          (C)  The director shall abolish any position that has been vacant for more than five years; provided that the time a position has been vacant shall be computed beginning on the date the position was created or vacated by a state employee; provided further that this requirement shall not apply to positions for which the hiring department or agency certifies that it is awaiting approval to hire.  Funds for positions abolished under this subparagraph shall immediately lapse to the credit of the general fund; and

          (D)  The report required to be submitted to the legislature pursuant to subparagraph (A) shall include:

               (i)  A list of vacant positions that will be reclassified or abolished, the agency each position is attached to, the duration that the position has been vacant, and the reasons for the reclassification or abolishment; and

              (ii)  A list of positions abolished pursuant to subparagraph (C)."

     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.

Report Title:

DHRD; Vacant Positions; Reclassification; Abolishment; Report; General Fund

Description:

Requires the Director of Human Resources Development to abolish vacant positions within state departments and agencies under its jurisdiction that have been vacant for more than 5 years.  Requires a list of positions abolished to be included in the Director's annual report to the Legislature.  Requires funds for abolished positions to immediately lapse to the credit of the general fund.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 2753

Honolulu, Hawaii

RE:     S.B. No. 2014

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B. No. 2014, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC EMPLOYMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to require the Director of Human Resources Development to abolish any state position that has been vacant for five years, unless the position is federally funded or the hiring department or agency certifies that it is awaiting approval to hire for the position.

     Your Committee received written comments in support of this measure from the Department of Human Resources Development and two individuals

     Your Committee received written comments in opposition to this measure from the Hawaii State Public Library System.

     Your Committee received written comments on this measure from the Department of Labor and Industrial Relations, University of Hawaii Professional Assembly, United Public Workers, and Hawaii Government Employees Association.

     Your Committee finds that this measure will help address long-standing vacancies and improve efficiency in public employment by encouraging State departments and hiring managers to develop plans to fill the vacancies and by requiring that unfilled positions be abolished.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2014, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

STAND. COM. REP. NO. 2317

Honolulu, Hawaii

RE:     S.B. No. 2014

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Labor and Technology, to which was referred S.B. No. 2014 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC EMPLOYMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require the Director of Human Resources Development to abolish vacant positions within state departments and agencies under its jurisdiction that have been vacant for more than five years;

     (2)  Require a list of positions abolished pursuant to this measure to be included in the Director's annual report to the Legislature; and

     (3)  Require funds for abolished positions to immediately lapse to the credit of the general fund.

     Your Committee received testimony in support of this measure from the Department of Human Resources Development, Grassroots Institute of Hawaii, and two individuals.

     Your Committee received testimony in opposition to this measure from the Department of Labor and Industrial Relations, Hawaiʻi State Public Library System, and University of Hawaii Professional Assembly.

     Your Committee received comments on this measure from the United Public Workers, AFSCME Local 646, AFL-CIO and Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO.

     Your Committee finds that a significant number of state positions have remained vacant for extended periods, resulting in inefficient use of public resources and reduced workforce capacity.  By requiring automatic abolishment of positions vacant for five years or more, this policy will encourage departments and hiring managers to develop a hiring plan, rather than maintain vacancies, thereby improving workforce management across state departments.

     Your Committee acknowledges the concern raised in testimony by the Department of Human Resources Development that automatically abolishing long-vacant positions and lapsing associated funds to the general fund, without regard to funding source, could violate federal grant requirements and statutory restrictions on special, revolving, and trust funds.  Therefore, amendments to this measure are necessary to address this concern.

     Accordingly, your Committee has amended this measure by:

     (1)  Inserting language to specify that the time a position has been vacant shall be computed beginning on the date the position was created or vacated by a regular civil service or probationary state employee;

     (2)  Inserting language to exclude positions that are federally funded from being automatically abolished pursuant to this measure;

     (3)  Requiring funds for positions abolished under this measure to immediately lapse to the credit of the appropriate fund, rather than the general fund;

     (4)  Inserting an effective date of January 1, 2077, to encourage further discussion; and

     (5)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Labor and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2014, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2014, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Labor and Technology,