SB 343: RELATING TO HAZARD PAY.

A BILL FOR AN ACT

Relating to Hazard Pay.

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

     SECTION 1.  The legislature finds that the advent of the COVID‑19 pandemic caused by SARS-CoV2 coronavirus displayed how our world and humanity were ill-prepared to manage a worldwide pandemic that caused over seven million deaths globally.  Out of this unexpected event, the legislature witnessed hundreds of thousands of first responders, health care personnel, and essential workers sacrifice their own health, safety, and well‑being to ensure that the people of our State could continue to eat, live, and survive while world leaders battled with determining effective prevention practices and treatments needed to deal with the disease.

     The legislature further finds that most effective communication and practices were built on empathy, transparency, equity, and respect.  The legislature does not doubt that the State will continue to face infectious disease challenges in the future and finds that the State must therefore remain flexible and capable of rapidly responding to new infectious disease threats such as COVID-19. 

     The legislature also finds that a large number of state and county employees contributed to this effort as first responders, health care personnel, and essential workers.  The legislature additionally recognizes other second tier essential workers that continued operations for the State's public educational system, including public school teachers, educational officers, and the faculty of the university of Hawaii.  These individuals also risked and sacrificed their own health, safety, and well-being by returning to their workplaces despite recognized temporary hazards.

     Unfortunately, these second tier public employees were not entitled to temporary hazard pay alongside their colleagues due to a lack of contractually negotiated and agreed upon language for temporary hazard pay in their respective collective bargaining agreements.  Therefore, these public employees witnessed their colleagues in other bargaining units deservingly receive recognition and compensation for returning to work under hazardous conditions while themselves receiving no equitable award. 

     The legislature finds that this inequity derived from a contractual discrepancy does not embody the fairness, dignity, and respect that should be provided to all public employees.  Moreover, temporary hazard pay was historically embedded in law through section 77-11, Hawaii Revised Statutes.  However, Act 253, Session Laws of Hawaii 2000, repealed chapter 77, Hawaii Revised Statutes, effectively negating the award of temporary hazard pay to all public employees unless explicitly covered under a collective bargaining agreement. 

     Accordingly, the purpose of this Act is to reinstate the previous language held in section 77-11, Hawaii Revised Statutes, to ensure that all public employees are treated equitably in relation to temporary hazard pay, regardless of collective bargaining agreements.

     SECTION 2.  Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§78-    Hazard pay.  Upon recommendation of a department head, the director of human resources development in the case of the State, or the director of civil service in the case of the city and county of Honolulu or the respective personnel director in the case of the counties of Hawaii, Maui, and Kauai, with the approval of the civil service commission in the case of a county, may grant differentials in pay for employees exposed temporarily to unusually hazardous working conditions; provided that the hazard has not already been recognized as a factor in assigning classes to salary ranges.  The pay differentials may not exceed twenty-five per cent of the minimum rate of the salary range and shall terminate six months after the date of approval, unless terminated sooner.  Requests for the renewal of the differentials as originally approved by the civil service commission may be granted by the respective director for periods of no longer than six months at a time.

     Differentials granted under this section shall be subject to certification by the respective fiscal officers as to the availability of funds for this purpose." 

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

DHRD; Counties; Public Employees; Temporary Hazard Pay

Description:

Allows the Director of Human Resources Development and the Director's county counterparts, with the approval of the Civil Service Commission in the case of the county, to grant temporary hazard pay to public employees.

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