THE SENATE
S.B. NO.
2118
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating to indebtedness to the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 78-12, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) [[Struck through: Regardless of whether a contested determination of indebtedness is pending, the disbursing officer shall commence immediate recovery of the indebtedness as provided in this subsection. If the indebtedness is equal to or less than $1,000, the disbursing officer shall immediately deduct from any subsequent periodic payment normally due the employee any amount up to the total amount of indebtedness and for indebtedness greater than $1,000, the disbursing officer shall deduct:]
[Struck through: (1)] [Struck through: An amount agreed to by the employee and the appointing authority, but not less than $100 per pay period; or]
[Struck through: (2)] [Struck through: One-quarter of the salary, wages, or compensation due the employee until the indebtedness is repaid in full.]][Struck through: ]
[Underlined: The disbursing officer shall commence recovery of the indebtedness; provided that the disbursing officer or appointing authority provides a written statement to the employee at least thirty calendar days before the deduction. The written statement shall include the total amount owed and the amount to be deducted from any subsequent periodic payment normally due the employee. The disbursing officer shall deduct no more than five per cent of the employee's gross income per pay period, unless the employee otherwise requests and specifies that a greater percentage or amount be deducted.]
[[Struck through: In addition to paragraph (1), an]] [Underlined: An] employee and the appointing authority may agree to offset any remaining amount of indebtedness by applying the current value of appropriate leave or compensatory time credits posted in the employee's respective accounts as balances that would otherwise be payable in cash upon separation from service; provided that credits shall not be applied to any extent that would require a refund of any moneys already deducted or repaid or that would require the payment of any moneys to the employee equivalent to a cashing out of leave or compensatory time credits."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Indebtedness; Salary or Wage Overpayment; Overpayment Payroll Transactions; Deductions for Recovery; Notice
Description:
Amends the amount that a disbursing officer may deduct from an employee's salary, wage, or compensation based on the employee's gross income.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.