HOUSE OF REPRESENTATIVES	H.B. NO.	2254
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

relating to employees.

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

SECTION 1. Section 78-27, Hawaii Revised Statutes, is amended to read as follows:

"[[]§78-27[]] Temporary [inter- and intra-governmental assignments and exchanges.] employee interchanges. (a) With the approval of the respective employer, a governmental unit of this State may participate in any program of temporary [inter- or intra-governmental assignments or exchanges of employees] employee interchange as a sending agency or receiving agency. ["Agency" means any local, national, or foreign governmental agency or private agency with government sponsored programs or projects.]

(b) As a sending agency, a governmental unit of this State may consider its employee on a temporary [assignment or exchange] employee interchange as being on detail to a regular work assignment or on leave of absence without pay from the employee's position. The employee on temporary [assignment or exchange] employee interchange shall be entitled to the same rights and benefits as any other employee of the sending agency.

(c) As a receiving agency, a governmental unit of this State shall not consider the employee on a temporary [assignment or exchange] employee interchange who is detailed from the sending agency as its employee, except for the purpose of disability or death resulting from personal injury arising out of and in the course of the temporary [assignment or exchange.] employee interchange. The employee on detail may not receive a salary from the receiving agency, but the receiving agency may pay for or reimburse the sending agency for the costs, or any portion of the costs, of salaries, benefits, and travel and transportation expenses if it will benefit from the [assignment or exchange.] temporary employee interchange.

(d) An agreement consistent with this section and policies of the employer shall be made between the [sending and receiving agencies] sending agency and receiving agency on matters relating to the [assignment or exchange,] temporary employee interchange, including but not limited to supervision of duties, costs of salary and benefits, and travel and transportation expenses; provided that the agreement shall not diminish any rights or benefits to which an employee of a governmental unit of this State is entitled under this section.

(e) As a receiving agency, a governmental unit of this State may give the employee of the sending agency on a temporary [assignment or exchange] employee interchange an exempt appointment and grant the employee rights and benefits as other exempt appointees of the receiving agency if it will benefit from the [assignment or exchange.] temporary employee interchange.

(f) The term of a temporary employee exchange between a sending agency and a receiving agency that is a private sector organization shall not exceed four continuous months.

(g) For purposes of this section:

"Receiving agency" means any local, national, or foreign governmental agency or a private sector organization, including a nonprofit or for-profit organization, that participates in a temporary employee interchange and to whom an employee from the sending agency is detailed.

"Sending agency" means any local, national, or foreign governmental agency that participates in a temporary employee interchange and from whom an employee is detailed to a receiving agency.

"Temporary employee interchange" means the temporary assignment or exchange of employees between and among employers."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2024.

INTRODUCED BY:

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Report Title:

Temporary Employee Interchanges; Governmental Agencies; Private Sector Organizations; Sending Agencies; Receiving Agencies; DHRD

Description:

Allows state departments to participate in temporary employee interchanges with private sector organizations, including nonprofit and for-profit organizations. Limits the term for a temporary employee interchange with a private sector organization to no more than four continuous months.

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