REPORT TITLE:
Judiciary; Salaries


DESCRIPTION:
Provides salary increases for judicial and executive offices in
the judiciary.  Changes method of determining future increases.
Changes retirement provisions for future judges.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1461        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO EMPLOYMENT COMPENSATION IN THE JUDICIARY.



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

 1      SECTION 1.  The legislature finds that the citizens of
 
 2 Hawaii as well as Hawaii's national jurisprudential reputation
 
 3 benefit from highly qualified experienced jurists.  The ability
 
 4 to attract and retain qualified jurists is directly linked to
 
 5 judicial compensation.  Therefore, an appropriate level of
 
 6 compensation must take into account the level of compensation
 
 7 that the jurist could earn elsewhere.  The legislature further
 
 8 finds that the judicial salary commission (commission), whose
 
 9 purpose is to review and recommend salaries of state justices,
 
10 judges, and administrative officers, published its report in
 
11 October 1998.  One of the commission's recommendations is to
 
12 increase judicial and appointed administrative officers' salaries
 
13 by twenty-seven per cent, distributed in equal increments over
 
14 three fiscal years, retroactive to July 1, 1997.  Another study
 
15 of judicial salaries was conducted by the legislative reference
 
16 bureau (bureau) in response to Senate Concurrent Resolution
 
17 No. 2, Senate Draft 1, which was passed in 1997.  The bureau
 
18 noted that judicial salaries have not increased since 1990 and
 
19 have not kept pace with inflation.  Among other things, the
 

 
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 1 bureau recommended that one of four mechanisms be adopted that
 
 2 would provide regular and reasonable judicial salary increases.
 
 3 One proposed mechanism would tie judicial pay increases to the
 
 4 Consumer Price Index.
 
 5      The purpose of this Act is to:
 
 6      (1)  Amend the service retirement laws to correlate year on
 
 7           the bench with retirement benefits;
 
 8      (2)  Increase judicial salaries as proposed by the 1998
 
 9           report of the judicial salary commission;
 
10      (3)  Provide salary increases for the administrative
 
11           director of the courts and the deputy administrative
 
12           director of the courts as proposed in the commission's
 
13           1998 report; and
 
14      (4)  Link future judicial salary annual increases to the
 
15           Honolulu Consumer Price Index (All Items Combined)-
 
16           Urban.
 
17                              PART I.
 
18      SECTION 2.  Section 88-73, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "§88-73  Service retirement.  Retirement of a member on a
 
21 service retirement allowance shall be made by the board of
 
22 trustees or its designee as follows:
 
23      (1)  Any member who has at least five years of credited
 

 
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 1           service and who has attained age fifty-five or any
 
 2           member who has at least twenty-five years of credited
 
 3           service or any member who has at least ten years of
 
 4           credited service, including service as a judge, an
 
 5           elective officer, or the chief clerk, assistant clerk,
 
 6           sergeant at arms, or assistant sergeant at arms of
 
 7           either house of the legislature, may retire upon
 
 8           written application to the board specifying on what
 
 9           date, not less than thirty days nor more than ninety
 
10           days subsequent to the execution and filing thereof,
 
11           the member desires to be retired.  In the event of the
 
12           death of a member after the date of the filing of the
 
13           member's written application to retire, the designated
 
14           beneficiary, otherwise the personal representative of
 
15           the member's estate, shall receive the allowance under
 
16           the option selected by the member which would have been
 
17           payable had the member retired, and the benefits paid
 
18           to the beneficiary or representative shall be computed
 
19           as though the member had died on or after the effective
 
20           date of the member's retirement;
 
21      (2)  Any member who first enters service as a judge or
 
22           justice after June 30, 1999, or who reenters service as
 
23           a judge or justice after June 30, 1999, without vested
 

 
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 1           benefit status as provided in section 88-96(b), or who
 
 2           is a former retirant who returns to service requiring
 
 3           the retirant's active membership, may retire upon
 
 4           written application to the board specifying on what
 
 5           date, not less than thirty days nor more than ninety
 
 6           days subsequent to the execution and filing thereof,
 
 7           the member desires to be retired; provided that the
 
 8           member has at least five years of credited service and
 
 9           has attained age fifty-five or has at least twenty-five
 
10           years of credited service.  In the event of the death
 
11           of a member after the date of the filing of the
 
12           member's written application to retire, the designated
 
13           beneficiary, otherwise the personal representative of
 
14           the member's estate, shall receive the allowance under
 
15           the option selected by the member which would have been
 
16           payable had the member retired, and the benefits paid
 
17           to the beneficiary or representative shall be computed
 
18           as though the member had died on or after the effective
 
19           date of the member's retirement;
 
20     [(2)] (3)  Any member of the legislature who attains age
 
21           sixty-five may retire and receive a service retirement
 
22           allowance although the member continues to fill the
 
23           elective position;
 

 
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 1     [(3)] (4)  For the purpose of computing or determining
 
 2           benefits for an elective officer or judge, or any
 
 3           beneficiary of either, the date upon which the elective
 
 4           officer or judge elected to retire, as provided by
 
 5           section 88-61(c), after attaining an allowance of
 
 6           seventy-five per cent of average final compensation,
 
 7           shall be used as the effective date of retirement;
 
 8           provided that the elective officer or judge may
 
 9           continue in active service, but shall not receive a
 
10           retirement allowance until termination of active
 
11           service; [however,] provided further that upon leaving
 
12           active service the elective officer or judge shall
 
13           receive the retirement allowance provided for in
 
14           section 88-74, together with the post retirement
 
15           allowances provided for in section 88-90, which post
 
16           retirement allowances shall be computed from the date
 
17           of the election as though the elective officer or judge
 
18           had left active service on that day; and
 
19     [(4)] (5)  In the case of a class A or B member who also has
 
20           prior credited service under part VII, total credited
 
21           service as a class A, class B, and class C member shall
 
22           be used to determine the eligibility for retirement
 
23           allowance."
 

 
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 1      SECTION 3.  Section 88-74, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§88-74  Allowance on service retirement.  Upon retirement
 
 4 from service, a member shall receive a retirement allowance as
 
 5 follows:
 
 6      (1)  If the member has attained age fifty-five, a retirement
 
 7           allowance of two per cent of the member's average final
 
 8           compensation multiplied by the total number of years of
 
 9           the member's credited service as a class A and B
 
10           member, excluding any credited service as [an] a judge,
 
11           elective officer, or legislative officer, plus a
 
12           retirement allowance of one and one-fourth per cent of
 
13           the member's average final compensation multiplied by
 
14           the total number of years of prior credited service as
 
15           a class C member; provided that:
 
16           (A)  After June 30, 1968, if the member has at least
 
17                ten years of credited service of which the last
 
18                five or more years prior to retirement is credited
 
19                service as a firefighter, police officer, or an
 
20                investigator of the department of the prosecuting
 
21                attorney;
 
22           (B)  After June 30, 1977, if the member has at least
 
23                ten years of credited service of which the last
 

 
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 1                five or more years prior to retirement is credited
 
 2                service as a corrections officer;
 
 3           (C)  After June 16, 1981, if the member has at least
 
 4                ten years of credited service of which the last
 
 5                five or more years prior to retirement is credited
 
 6                service as an investigator of the department of
 
 7                the attorney general;
 
 8           (D)  After June 30, 1989, if the member has at least
 
 9                ten years of credited service of which the last
 
10                five or more years prior to retirement is credited
 
11                service as a narcotics enforcement investigator; 
 
12           (E)  After December 31, 1993, if the member has at
 
13                least ten years of credited service of which the
 
14                last five or more years prior to retirement is
 
15                credited service as a water safety officer; and
 
16           (F)  After June 30, 1994, if the member has at least
 
17                ten years of credited service, of which the last
 
18                five or more years prior to retirement are
 
19                credited service as a public safety investigative
 
20                staff investigator;
 
21           then for each year of service as a firefighter, police
 
22           officer, corrections officer, investigator of the
 
23           department of the prosecuting attorney, investigator of
 

 
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 1           the department of the attorney general, narcotics
 
 2           enforcement investigator, water safety officer, or
 
 3           public safety investigations staff investigator, the
 
 4           retirement allowance shall be two and one-half per cent
 
 5           of the member's average final compensation.  The
 
 6           maximum retirement allowance for those members shall
 
 7           not exceed eighty per cent of the member's average
 
 8           final compensation.  If the member has not attained age
 
 9           fifty-five, the member's retirement allowance shall be
 
10           computed as though the member had attained age fifty-
 
11           five, reduced in accordance with factors of actuarial
 
12           equivalence adopted by the board upon the advice of the
 
13           actuary; provided that no reduction shall be made if
 
14           the member has at least twenty-five years of credited
 
15           service as a firefighter, police officer, corrections
 
16           officer, investigator of the department of the
 
17           prosecuting attorney, investigator of the department of
 
18           the attorney general, narcotics enforcement
 
19           investigator, public safety investigations staff
 
20           investigator, sewer worker, or water safety officer, of
 
21           which the last five or more years prior to retirement
 
22           is credited service in such capacities;
 
23      (2)  If the member has made voluntary additional
 

 
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 1           contributions for the purchase of an additional annuity
 
 2           and has not applied for a refund as permitted by
 
 3           section 88-72, the member may accept the refund at the
 
 4           time of retirement or, in lieu thereof, receive in
 
 5           addition to the retirement allowance provided in
 
 6           paragraph (1), an annuity that is the actuarial
 
 7           equivalent of the additional contributions with regular
 
 8           interest;
 
 9      (3)  If the member has credited service beginning after
 
10           June 30, 1999, as a judge, the member's retirement
 
11           allowance shall be computed on the following basis:
 
12           (A)  [Irrespective of age,] If the member has attained
 
13                age fifty-five, for each year of credited service
 
14                as a judge, three and one-half per cent of the
 
15                member's average final compensation in addition to
 
16                an annuity that is the actuarial equivalent of the
 
17                member's accumulated contributions allocable to
 
18                the period of such service; and
 
19           (B)  For all other credited service, as provided in
 
20                paragraphs (1), (2), and [(4).] (5).  No allowance
 
21                shall exceed seventy-five per cent of the member's
 
22                average final compensation.  If the allowance
 
23                exceeds this limit, it shall be adjusted by
 

 
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 1                reducing the annuity included in subparagraph (A),
 
 2                and the portion of the accumulated contributions
 
 3                specified in that subparagraph in excess of the
 
 4                requirements of the reduced annuity shall be
 
 5                returned to the member.
 
 6           The allowance for judges under this paragraph, together
 
 7           with the retirement allowance provided by the federal
 
 8           government for similar service, shall in no case exceed
 
 9           seventy-five per cent of the member's average final
 
10           compensation; [or]
 
11      (4)  If the member has credited service beginning before
 
12           June 30, 1999, as a judge, the member's retirement
 
13           allowance shall be computed on the following basis:
 
14           irrespective of age, for each year of credited service
 
15           as a judge, three and one-half per cent of the member's
 
16           average final compensation in addition to an annuity
 
17           that is the actuarial equivalent of the member's
 
18           accumulated contributions allocable to the period of
 
19           such service; or
 
20     [(4)] (5)  If the member has credited service as an elective
 
21           officer or as a legislative officer, the member's
 
22           retirement allowance shall be derived by adding the
 
23           allowances computed separately under subparagraphs (A),
 

 
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 1           (B), (C), [and] (D), and (E)  as follows:
 
 2           (A)  Irrespective of age, for each year of credited
 
 3                service as an elective officer, three and one-half
 
 4                per cent of the member's average final
 
 5                compensation as computed under section
 
 6                88-81(d)(1), in addition to an annuity that is the
 
 7                actuarial equivalent of the member's accumulated
 
 8                contributions allocable to the period of service;
 
 9                and
 
10           (B)  Irrespective of age, for each year of credited
 
11                service as a legislative officer, three and one-
 
12                half per cent of the member's average final
 
13                compensation as computed under section
 
14                88-81(d)(2), in addition to an annuity that is the
 
15                actuarial equivalent of the member's accumulated
 
16                contributions allocable to the period of service;
 
17           (C)  [Irrespective of age,] If the member has attained
 
18                age fifty-five, for each year of credited service
 
19                beginning after June 30, 1999, as a judge, three
 
20                and one-half per cent of the member's average
 
21                final compensation as computed under section 88-
 
22                81(d)(3), in addition to an annuity that is the
 
23                actuarial equivalent of the member's accumulated
 

 
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 1                contributions allocable to the period of service;
 
 2                [and]
 
 3           (D)  Irrespective of age, for each year of credited
 
 4                service beginning before June 30, 1999, as a
 
 5                judge, three and one-half per cent of the member's
 
 6                average final compensation as computed under
 
 7                section 88-81(d)(3), in addition to an annuity
 
 8                that is the actuarial equivalent of the member's
 
 9                accumulated contributions allocable to the period
 
10                of service; and
 
11          [(D)] (E)  For each year of credited service not
 
12                included in subparagraph (A), (B), [or] (C), or
 
13                (D), the average final compensation as computed
 
14                under section 88-81(d)(4) shall be multiplied by
 
15                two per cent, two and one-half per cent, or one
 
16                and one-quarter per cent, as applicable to the
 
17                credited service earned as a class A, B, or C
 
18                member, respectively.
 
19           The total retirement allowance shall not exceed
 
20           seventy-five per cent of the member's highest average
 
21           final compensation calculated under section
 
22           88-81(d)(1), (2), (3), [or] (4)[.], or (5).  If the
 
23           allowance exceeds this limit, it shall be adjusted by
 

 
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 1           reducing any annuity accrued under subparagraphs (A),
 
 2           (B), [and] (C), and (D), and the portion of the
 
 3           accumulated contributions specified in these
 
 4           subparagraphs in excess of the requirements of the
 
 5           reduced annuity shall be returned to the member.  If a
 
 6           member has service credit as an elective officer or as
 
 7           a legislative officer in addition to service credit as
 
 8           a judge, then the retirement benefit calculation
 
 9           contained in this paragraph shall supersede the formula
 
10           contained in paragraph (3)."
 
11      SECTION 4.  Section 88-76, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "§88-76  Allowance on ordinary disability retirement.  Upon
 
14 retirement for ordinary disability, a member shall receive a
 
15 retirement allowance of one and three-fourths per cent of the
 
16 member's average final compensation for each full year of
 
17 credited service; except that for each year of credited service
 
18 as a judge, an elective officer, or a legislative officer, the
 
19 member shall receive a retirement allowance computed as provided
 
20 in section 88-74(3) [or], (4), or (5), as applicable.  The
 
21 minimum retirement allowance payable under this section shall be
 
22 thirty per cent of the member's average final compensation."
 
23                             PART II.
 

 
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 1      SECTION 5.  Section 601-3, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§601-3 Administrative director.  (a)   The chief justice,
 
 4 with the approval of the supreme court, shall appoint an
 
 5 administrative director of the courts to assist the chief justice
 
 6 in directing the administration of the judiciary.  The
 
 7 administrative director shall be a resident of the State for a
 
 8 continuous period of three years prior to the administrative
 
 9 director's appointment[, and shall]; be appointed without regard
 
10 to chapters 76 and 77; and [shall] serve at the pleasure of the
 
11 chief justice.  The administrative director shall hold no other
 
12 office or employment.  Effective [January 1, 1989,] July 1, 1997,
 
13 the administrative director shall receive a salary of [$81,629]
 
14 $92,979 a year.  Effective [January 1, 1990,] July 1, 1998, the
 
15 administrative director shall receive a salary of [$85,302]
 
16 $101,347 a year.  Effective July 1, 1999, the administrative
 
17 director shall receive a salary of $110,468 a year.  The
 
18 administrative director [shall], subject to the direction of the
 
19 chief justice, shall perform the following functions:
 
20      (1)  Examine the administrative methods of the courts and
 
21           make recommendations to the chief justice for their
 
22           improvement;
 
23      (2)  Examine the state of the dockets of the courts, secure
 

 
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 1           information as to their needs of assistance, if any,
 
 2           prepare statistical data and reports of the business of
 
 3           the courts and advise the chief justice to the end that
 
 4           proper action may be taken;
 
 5      (3)  Examine the estimates of the courts for appropriations
 
 6           and present to the chief justice the administrative
 
 7           director's recommendations concerning them;
 
 8      (4)  Examine the statistical systems of the courts and make
 
 9           recommendations to the chief justice for a uniform
 
10           system of judicial statistics;
 
11      (5)  Collect, analyze, and report to the chief justice
 
12           statistical and other data concerning the business of
 
13           the courts;
 
14      (6)  Assist the chief justice in the preparation of the
 
15           budget, the six-year program and financial plan, the
 
16           variance report and any other reports requested by the
 
17           legislature;
 
18      (7)  Carry out all duties and responsibilities that are
 
19           specified in Title 7 as it pertains to employees of the
 
20           judiciary; and
 
21      (8)  Attend to such other matters as may be assigned by the
 
22           chief justice.
 
23      (b)  The administrative director [shall], with the approval
 

 
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 1 of the chief justice, shall appoint a deputy administrative
 
 2 director of the courts without regard to chapters 76 and 77 and
 
 3 such assistants as may be necessary.  Such assistants shall be
 
 4 appointed without regard to chapters 76 and 77.  Effective
 
 5 [January 1, 1989,] July 1, 1997, the salary of the deputy
 
 6 administrative director shall be [$74,608] $84,893 a year.
 
 7 Effective [January 1, 1990,] July 1, 1998, the salary of the
 
 8 deputy administrative director shall be [$77,966] $92,631 a year.
 
 9 Effective July 1, 1999, the salary of the deputy administrative
 
10 director shall be $100,968 a year.  The administrative director
 
11 shall be provided with necessary office facilities.
 
12      (c)  The judges, clerks, officers, and employees of the
 
13 courts shall comply with all requests of the administrative
 
14 director for information and statistical data relating to the
 
15 business of the courts and expenditure of public funds for their
 
16 maintenance and operation."
 
17      SECTION 6.  Section 602-2, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      §602-2 Salary, supreme court justices.  Effective
 
20 [January 1, 1989,] July 1, 1997, the salary of the chief justice
 
21 of the supreme court shall be [$90,699] $103,310 a year and the
 
22 salary of each associate justice of the supreme court shall be
 
23 [$89,699] $102,220 a year.  Effective [January 1, 1990,] July 1,
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 1998, the salary of the chief justice of the supreme court shall
 
 2 be [$94,780] $112,608 a year and the salary of each associate
 
 3 justice of the supreme court shall be [$93,780] $111,420 a year.
 
 4 Effective July 1, 1999, the salary of the chief justice of the
 
 5 supreme court shall be $122,743 a year and the salary of each
 
 6 associate justice of the supreme court shall be $121,448 a year.
 
 7 Effective July 1, 2002, the annual salary of the chief justice of
 
 8 the supreme court and of each associate justice of the supreme
 
 9 court shall be adjusted by the average of the Honolulu Consumer
 
10 Price Index (All Items Combined)-Urban increases for the previous
 
11 three years."
 
12      SECTION 7.  Section 602-52, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "§602-52  Salary.  Effective [January 1, 1989,] July 1,
 
15 1997, the salary of the chief judge of the intermediate appellate
 
16 court shall be [$87,199] $99,495 a year and the salary of each
 
17 associate judge shall be [$85,699] $97,860 a year.  Effective
 
18 [January 1, 1990,] July 1, 1998, the salary of the chief judge of
 
19 the intermediate appellate court shall be [$91,280] $108,450 a
 
20 year and the salary of each associate judge shall be [$89,780]
 
21 $106,667 a year.  Effective July 1, 1999, the salary of the chief
 
22 judge of the intermediate appellate court shall be $118,211 a
 
23 year and the salary of each associate judge shall be $116,267 a 
 

 
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 1 year.  Effective July 1, 2002, the annual salary of the chief
 
 2 judge of the intermediate appellate court and each associate
 
 3 judge of the intermediate appellate court shall be adjusted by
 
 4 the average of the Honolulu Consumer Price Index (All Items
 
 5 Combined)-Urban increases for the previous three years."
 
 6      SECTION 8.  Section 603-5, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "§603-5 Salary of circuit court judges.  Effective
 
 9 [January 1, 1989,] July 1, 1997, the salary of each circuit court
 
10 judge of the various circuit courts of the State shall be
 
11 [$82,699] $94,590 a year.  Effective [January 1, 1990,] July 1,
 
12 1998, the salary of each circuit court judge of the various
 
13 circuit courts of the State shall be [$86,780] $103,103 a year.
 
14 Effective July 1, 1999, the salary of each circuit court judge of
 
15 the various circuit courts of the State shall be $112,382 a year.
 
16 Effective July 1, 2002, the annual salary of each circuit court
 
17 judge shall be adjusted by the average of the Honolulu Consumer
 
18 Price Index (All Items Combined)-Urban increases for the previous
 
19 tree years."
 
20      SECTION 9.  Section 604-2.5, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "§604-2.5  Salary of district judges.  Effective [January 1,
 
23 1989,] July 1, 1997, the salary of each district court judge of
 

 
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 1 the various district courts of the State shall be [$77,699]
 
 2 $89,140 a year.  Effective January 1, 1990, July 1, 1998, the
 
 3 salary of each district court judge of the various district
 
 4 courts of the State shall be $81,780 $97,163 a year.  Effective
 
 5 July 1, 1999, the salary of each district court judge shall be
 
 6 $105,908 a year.  Effective July 1, 2002, the annual salary of
 
 7 each district court judge shall be adjusted by the average of the
 
 8 Honolulu Consumer Price Index (All Items Combined)-Urban
 
 9 increases for the previous three years.
 
10      Whenever the chief justice appoints a district court judge
 
11 of any of the various district courts of the State to serve
 
12 temporarily as a circuit court judge of any of the various
 
13 circuit courts of the State, the judge shall receive per diem
 
14 compensation for the days on which actual service is rendered
 
15 based on the monthly rate of compensation paid to a circuit court
 
16 judge.  For the purpose of determining per diem compensation in
 
17 this section, a month shall be deemed to consist of twenty-one
 
18 days."
 
19                             PART III.
 
20      SECTION 10.  Section 608.1.5, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "§608-1.5  Judicial salary commission.  (a)  There [shall
 
23 be] is established a judicial salary commission [to review and
 

 
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 1 recommend salaries] which shall be attached to the judicial
 
 2 council for administrative purposes only.  The commission shall
 
 3 determine the annual and periodic adjustments to salaries of
 
 4 justices and judges of all state courts and appointed judiciary
 
 5 administrative officers.  The commission shall be composed of
 
 6 five members, two to be appointed by the governor, one by the
 
 7 president of the senate, one by the speaker of the house, and one
 
 8 by the chief justice.  Members shall be appointed for terms of
 
 9 four years each.  Members shall not receive compensation for
 
10 their services, but shall be reimbursed for traveling and other
 
11 expenses incidental to the performance of commission duties.
 
12 [For administrative purposes only, the commission shall be
 
13 attached to the judicial council.]
 
14      (b)  The salary of the chief justice of the supreme court,
 
15 each associate justice of the supreme court, the chief judge of
 
16 the intermediate appellate court, each associate judge of the
 
17 intermediate appellate court, each circuit court judge, and each
 
18 district court judge shall be adjusted annually by the average
 
19 increase from the previous three years of the Honolulu Consumer
 
20 Price Index (All Items Combined)-Urban.  The commission annually
 
21 shall compute the three-year Honolulu Consumer Price Index (All
 
22 Items Combined)-Urban average and establish the annual salary
 
23 increase for each justice and judge not later than September 15
 

 
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 1 of each year.
 
 2      (c)  [By] Notwithstanding the Honolulu Consumer Price Index
 
 3 (All Items Combined)-Urban average annual salary adjustment, the
 
 4 commission may recommend periodic salary increases.  Not later
 
 5 than October 15 of each year preceding a fiscal biennium, the
 
 6 commission shall submit its recommendations in a report to the
 
 7 legislature, with copies to be submitted to the governor and
 
 8 chief justice.
 
 9      (d)  At the next regular legislative session, [the amounts
 
10 recommended] all increased salary amounts of each justice and
 
11 judge, computed and adjusted by the commission pursuant to
 
12 subsection (b), shall be submitted by the chief justice as part
 
13 of the judiciary's proposed budget pursuant to the budgetary
 
14 procedures specified in chapter 37 and section 601-2(c).  The
 
15 increased salary amounts computed and adjusted pursuant to this
 
16 section shall become law unless rejected in their entirety by a
 
17 majority vote of the legislature.  Salary amounts in the budget
 
18 as enacted shall take precedence over any inconsistent statutes."
 
19                             PART IV.
 
20      SECTION 11.  There is appropriated out of the general
 
21 revenues of the State of Hawaii the sum of $4,121,073, or so much
 
22 thereof as may be necessary for fiscal year 1999-2000, and the
 
23 sum of $2,121,413, or so much thereof as may be necessary for
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 fiscal year 2000-2001, for salaries in the judiciary.  The sum
 
 2 appropriated shall be expended by the judiciary for the purposes
 
 3 of this Act.
 
 4      SECTION 12.  If any provision of this Act, or the
 
 5 application thereof to any person or circumstance is held
 
 6 invalid, the invalidity does not affect other provisions or
 
 7 applications of the Act which can be given effect without the
 
 8 invalid provision or application, and to this end the provisions
 
 9 of this Act are severable.
 
10      SECTION 13.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 14.  This Act shall take effect upon its approval
 
13 provided that with respect to judges and justices who are members
 
14 of the employees' retirement system and who are appointed prior
 
15 to the effective date of this Act; the members' benefits shall
 
16 not be diminished nor impaired by this Act; and provided further
 
17 that part III of this Act shall take effect on July 1, 2002.
 
18 
 
19                           INTRODUCED BY:  _______________________