STAND. COM. REP. NO.  489-10


Honolulu, Hawaii

                , 2010


RE:   H.B. No. 1868

      H.D. 1





Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii




     Your Committee on Labor & Public Employment, to which was referred H.B. No. 1868 entitled:




begs leave to report as follows:


     The purpose of this bill is to prohibit a leave of absence for a civil service employee who accepts an appointed position with a term of more than one year.


     The Hawaii Government Employees' Association supported the intent of this bill.  The Department of Human Resources Development and HGEA Managerial and Confidential Employees Chapter opposed this measure.  The Department of the Attorney General provided comments.


     Currently, when an individual leaves a civil service position for an appointed position, the individual may return to the former civil service position within a certain time period.  This is commonly referred to as a right-to-return.


     Your Committee has been informed that individuals currently belonging to various bargaining units already have clauses contained in their contracts that allow for employees to work up to four years and three months in appointed positions while retaining their right to return to their former civil service positions.  Accordingly, your Committee has amended this measure by excluding individuals whose collective bargaining agreements allow for a longer right-of-return than one year.


     Technical, nonsubstantive amendments have also been made for clarity, consistency, and style.


     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. 1868, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1868, H.D. 1, and be placed on the calendar for Third Reading.


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