Read the full stored bill text
HB167
HOUSE OF REPRESENTATIVES
H.B. NO.
167
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
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
coronavirus disease 2019 (COVID-19) displayed how the world was ill-prepared to
handle and manage a worldwide pandemic that caused over seven million
COVID-19-related deaths worldwide.
�
Out
of this unexpected event, hundreds of thousands of first responders and health
care and essential workers sacrificed their own health, safety, and well-being
to ensure that the people of Hawaii could continue to eat, live, and survive, as
world leaders battled with determining what effective prevention, practices,
and treatment were needed to deal with the disease.
�
In addition, leaders needed to communicate
information and practices that were built on empathy, transparency, equity, and
respect.
�
Because infectious diseases will
continue to be challenges in the future, the State must remain agile and
flexible to rapidly respond to new infectious diseases such as COVID-19.
����
The legislature further finds that a
significant number of state and county public employees continued working in
their capacities as first responders and health care and essential workers.
�
In addition, there were other second-tier
essential workers that continued operations of the State's public educational
system and university of Hawaii.
�
These
public school teachers, educational officers, and faculty risked and sacrificed
their own health, safety, and well-being by returning back to the workplace in
which there was already a recognition of known temporary hazards.
�
Unfortunately, these public employees were
not entitled to temporary hazard pay as with their other colleagues, since
there was no contractually negotiated and agreed upon language to compensate
for temporary hazard pay in their respective collective bargaining
agreements.
�
Thus, they witnessed their
colleagues deservingly receive recognition and compensation for reporting back
to work under these hazardous conditions, knowing that they were not going to
be treated equitably.
����
The legislature also finds that this
inequity, due to a mere contractual absence, does not embody the fairness,
dignity, and respect that should be provided to all public employees.
�
Moreover, temporary hazard pay was, at one
point in time, embodied in chapter 77 of the Hawaii Revised Statutes.
�
However, under Act 252, Session Laws of
Hawaii 2000, the legislature repealed chapter 77, which, in effect, negated the
award of temporary hazard pay to all public employees unless covered under a
respective collective bargaining agreement.
����
Therefore, the purpose of this Act
is to ensure that all public employees will be treated equitably, regardless of
whether there is a specific provision of temporary hazard pay negotiated in
their respective collective bargaining agreement, by authorizing pay
differentials for public employees exposed temporarily to unusually hazardous
working conditions.
����
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.
�
(a)
�
Upon recommendation of the director of the applicable state or county
department or agency, or head of the department or agency as may be applicable,
differentials in pay may be granted 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.
����
(b)
�
The pay differentials shall 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.
����
(c)
�
Requests for the renewal of such differentials as originally approved pursuant
to subsection (a) may be granted by for periods no longer than six months at a
time.
����
(d)
�
The pay 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.
INTRODUCED BY:
_____________________________
Report Title:
Hazard
Pay; Public State and County Employees
Description:
Authorizes
differentials in pay for state and county employees who are exposed temporarily
to unusually hazard working conditions, under certain conditions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.