THE SENATE
S.B. NO.
3180
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO STATE EMPLOYMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the State's seasonally adjusted unemployment rate was 2.2 per cent as of November 2025, according to data from the department of business, economic development, and tourism. Due to this historically low unemployment rate, many state agencies have continued to struggle to fill vacant civil service positions despite efforts to promote the State as an employer of choice, increased marketing and outreach to potential job candidates, and the State's flexible compensation programs.
The legislature further finds that the State must remove unnecessary barriers that inhibit the provision of critical government services by facilitating additional pathways to employment, while also increasing accountability by ensuring that departments and agencies continue to recruit to fill vacant positions.
Therefore, the purpose of this Act is to:
(1) Repeal language limiting the temporary employment of a person in a single position to two terms of eighty‑nine days;
(2) Require each department and agency to submit an annual report to the legislature that includes certain information about the department or agency's employment of eighty-nine-day hires; and
(3) Automatically abolish positions that have been vacant for more than forty-eight months.
SECTION 2. Section 76-28.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) [[Struck through: No]] [Underlined: A] department or agency of the State [[Struck through: shall]] [Underlined: may] temporarily employ [[Struck through: the same]] [Underlined: a] person in [[Struck through: the same]] [Underlined: a vacant] position that is wholly funded by general funds for [[Struck through: more than two]] [Underlined: multiple] terms of eighty-nine days; provided that [[Struck through: with the approval of the governor, a department or agency of the State may temporarily employ the same person in the same position for eight terms of eighty-nine days within a consecutive twenty-four-month period.]][Underlined: , no later than twenty days prior the convening of each regular session, each department or agency shall submit a report to the legislature that includes information on the department or agency's employment of eighty-nine-day hires by position, including the:]
[Underlined: (1)] [Underlined: Position number;]
[Underlined: (2)] [Underlined: Job title;]
[Underlined: (3)] [Underlined: Division, branch, section, unit, and island;]
[Underlined: (4)] [Underlined: Salary range;]
[Underlined: (5)] [Underlined: Bargaining unit;]
[Underlined: (6)] [Underlined: Date the position was last occupied by a regular civil service appointee;]
[Underlined: (7)] [Underlined: Number of eighty-nine‑day appointments made by the department or agency for the position during the preceding twenty-four-month period;]
[Underlined: (8)] [Underlined: Agency's recruitment efforts to permanently fill the position][Underlined: ; and]
[Underlined: (9)] [Underlined: Department or agency's justification for retaining that position, including why the position should not be abolished and why funding for the position should be retained.]
[Underlined: A position that has been vacant for more than forty-eight months, regardless of whether the position was filled by a temporary hire pursuant to this section for any portion of the forty-eight months, shall be automatically abolished unless the legislature affirmatively retains and funds the position.]"
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
State Employment; Temporary Employment; Eighty-Nine-Day Hires; Limits; Abolishment; Annual Reports
Description:
Repeals language that limits the temporary employment of a person in a single position for 2 terms of 89 days. Requires each department and agency to submit an annual report to the Legislature that includes certain information about the department or agency's employment of 89-day hires. Automatically abolishes positions that have been vacant for more than 48 months.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.