Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 875, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill to:

A concerned citizen testified in support of this measure.

Your Committee finds that in 1996, the Legislature intended for substitute teachers to be paid a specific per diem rate based on the annual teacher salary schedule established for licensed Class II teachers, with increases based on the most current teachers' salary schedule. Your Committee further finds that the Department of Education (DOE) failed to pay the required per diem rate under section 302A-624(e), Hawaii Revised Statutes (HRS). To seek full and fair remedies for substitute teachers' unpaid wages to be retroactively applied to 1996, an amendment to the statute of limitations provision for claims against the state is required. This amendment would expand the period for which relief can be granted in the pending class action backward to the point when DOE began to underpay substitute teachers, instead of complying with section 302A-624(e), HRS.

Your Committee has amended this bill by:

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 875, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 875, H.D. 2, and be referred to the Committee on Finance.