REPORT TITLE:
Comp.; Pub Officers & Emplys


DESCRIPTION:
Provides pay ranges for certain public officers and employees.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.655        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO COMPENSATION FOR PUBLIC OFFICERS AND EMPLOYEES.
 


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

 1      SECTION 1.  Chapter 23, Hawaii Revised Statutes, is amended
 
 2 as follows:
 
 3      1.  Section 23-3 is amended to read:
 
 4      "§23-3 Salary of the auditor and appropriations.  The
 
 5 salary of the auditor shall be fixed by the legislature and shall
 
 6 not be diminished during the auditor's term of office.  Effective
 
 7 [January 1, 1989, and January 1, 1990,] January 1, 1999, and
 
 8 January 1, 2000, the salary of the auditor shall be [$81,629 and
 
 9 $85,302] $1 and $1 a year, respectively.
 
10      The funds for the support of the auditor's office shall be
 
11 provided for in the act providing for the expenses of the
 
12 legislature."
 
13      2.  Section 23-8 is amended to read:
 
14      "§23-8 Assistance and staff.  In the performance of the
 
15 auditor's duties, the auditor may employ the services of one or
 
16 more certified public accountants or accounting firms, and such
 
17 other assistants and clerical workers as may be necessary,
 
18 provided the cost thereof shall not exceed such sums as may be
 
19 available out of the appropriation provided by law for the
 

 
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 1 conduct of the auditor's office and provided further that such
 
 2 accountants, firms, and assistants are entirely independent of
 
 3 the departments, offices, and agencies of the State and its
 
 4 political subdivisions whose affairs are subject to audit by the
 
 5 auditor.  All employees shall be hired by the auditor subject to
 
 6 the approval of the president of the senate and the speaker of
 
 7 the house of representatives and shall serve at the auditor's
 
 8 pleasure; provided that in the establishment of the salary of
 
 9 each employee the auditor shall consult with the department of
 
10 human resources development and shall follow as closely as
 
11 possible the recommendations of the department; and provided
 
12 further that effective [January 1, 1989, and January 1, 1990,]
 
13 January 1, 1999, and January 1, 2000, the salary of the first
 
14 assistant or first deputy shall be [$69,748 and $72,886] $1 and
 
15 $1 a year, respectively.  The auditor and the auditor's full-time
 
16 staff shall be entitled to participate in any employee benefit
 
17 program privileges."
 
18      SECTION 2.  Chapter 23G, Hawaii Revised Statutes, is amended
 
19 as follows:
 
20      1.  Section 23G-1 is amended to read:
 
21      "§23G-1 Legislative reference bureau; director,
 
22 appointment, tenure, removal, compensation, vacancy.  The office
 
23 of the legislative reference bureau is established.  The
 

 
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 1 legislature, by a majority vote of each house in joint session,
 
 2 shall appoint a director for the bureau who shall serve for a
 
 3 period of six years and thereafter until a successor shall have
 
 4 been appointed.  The legislature, by two-thirds vote of the
 
 5 members in joint session, may remove or suspend the director from
 
 6 office, but only for neglect of duty, misconduct, or disability.
 
 7      If the director dies, resigns, becomes ineligible to serve,
 
 8 or is removed or suspended from office, the first assistant to
 
 9 the director shall become the acting director until a new
 
10 director is appointed.
 
11      Effective [January 1, 1989, and January 1, 1990,] January 1,
 
12 1999, and January 1, 2000, the salary of the director shall be
 
13 [$81,629 and $85,302] $1 and $1 a year, respectively.  The salary
 
14 of the director shall not be diminished during the director's
 
15 term of office, unless by general law applying to all salaried
 
16 officers of the State."
 
17      2.  Section 23G-2 is amended to read:
 
18      "§23G-2 Assistant; staff.  The director shall appoint a
 
19 first assistant and such other officers and employees as may be
 
20 necessary to carry out the functions of the bureau.  All
 
21 employees, including the first assistant, shall be hired by the
 
22 director and shall serve at the director's pleasure.  In
 
23 determining the salary of the employees of the bureau, the
 

 
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 1 director shall consult with the department of human resources
 
 2 development; provided that, effective [January 1, 1989, and
 
 3 January 1, 1990,] January 1, 1999, and January 1, 2000, the
 
 4 salary of the first assistant shall be [$69,748 and $72,886] $1
 
 5 and $1 a year, respectively.  The director and the director's
 
 6 full-time staff shall be entitled to participate in any employee
 
 7 benefit program plan or privilege." 
 
 8      SECTION 3.  Section 89-5, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (a) to read as follows:
 
10      "(a)  There is created a Hawaii labor relations board
 
11 composed of three members of which:
 
12      (1)  [one] One member shall be representative of
 
13           management[,];
 
14      (2)  [one] One member shall be representative of labor[,];
 
15           and
 
16      (3)  [the] The third member, the chairperson, shall be
 
17           representative of the public.  
 
18 All members shall be appointed by the governor for terms of six
 
19 years each.  Public employers and employee organizations
 
20 representing public employees may submit to the governor for
 
21 consideration names of persons representing their interests to
 
22 serve as members of the board and the governor shall first
 
23 consider these persons in selecting the members of the board to
 

 
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 1 represent management and labor.  Each member shall hold office
 
 2 until the member's successor is appointed and qualified.  Because
 
 3 cumulative experience and continuity in office are essential to
 
 4 the proper administration of this chapter, it is declared to be
 
 5 in the public interest to continue board members in office as
 
 6 long as efficiency is demonstrated, notwithstanding the provision
 
 7 of section 26-34, which limits the appointment of a member of a
 
 8 board or commission to two terms.
 
 9      The members shall devote full time to their duties as
 
10 members of the board.  Effective [January 1, 1989, and January 1,
 
11 1990,] January 1, 1999, and January 1, 2000, the salary of the
 
12 chairperson of the board shall be set by the governor within the
 
13 range from [$69,748 to $74,608 and $72,886 to $77,966] $1 to $1
 
14 and $1 to $1 a year, respectively, and the salary of each of the
 
15 other members shall be ninety-five per cent of the chairperson's
 
16 salary.  No member shall hold any other public office or be in
 
17 the employment of the State or a county, or any department or
 
18 agency thereof, or any employee organization during the member's
 
19 term.
 
20      Any action taken by the board shall be by a simple majority
 
21 of the members of the board.  All decisions of the board shall be
 
22 reduced to writing and shall state separately its finding of fact
 
23 and conclusions.  Any vacancy in the board shall not impair the
 

 
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 1 authority of the remaining members to exercise all the powers of
 
 2 the board.  The governor may appoint an acting member of the
 
 3 board during the temporary absence from the State or the illness
 
 4 of any regular member.  An acting member, during the acting
 
 5 member's term of service, shall have the same powers and duties
 
 6 as the regular member.
 
 7      The chairperson of the board shall be responsible for the
 
 8 administrative functions of the board.  The board may appoint an
 
 9 executive officer, mediators, members of fact-finding boards,
 
10 arbitrators, and hearing officers, and employ other assistants as
 
11 it may deem necessary in the performance of its functions,
 
12 prescribe their duties, and fix their compensation and provide
 
13 for reimbursement of actual and necessary expenses incurred by
 
14 them in the performance of their duties within the amounts made
 
15 available by appropriations therefor.  Section [103D-209(b)]
 
16 28-8.3 notwithstanding, an attorney employed by the board as a
 
17 full-time staff member may represent the board in litigation,
 
18 draft legal documents for the board, and provide other necessary
 
19 legal services to the board and shall not be deemed to be a
 
20 deputy attorney general.
 
21      The board shall be within the department of labor and
 
22 industrial relations for budgetary and administrative purposes
 
23 only.  The members of the board and employees other than clerical
 

 
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 1 and stenographic employees shall be exempt from chapters 76, 77,
 
 2 and 89.  Clerical and stenographic employees shall be appointed
 
 3 in accordance with chapters 76 and 77.
 
 4      At the close of each fiscal year, the board shall make a
 
 5 written report to the governor of such facts as it may deem
 
 6 essential to describe its activities, including the cases and
 
 7 their dispositions, and the names, duties, and salaries of its
 
 8 officers and employees.  Copies of the report shall be
 
 9 transmitted to the legislative bodies."
 
10      SECTION 4.  Section 89A-1, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "§89A-1 Office of collective bargaining in the state
 
13 government established.  (a)  There shall be established an
 
14 office of collective bargaining in the office of the governor to
 
15 assist the governor in negotiating with and entering into written
 
16 agreements between the public employers and the exclusive
 
17 representatives on matters of wages, hours, and other negotiable
 
18 terms and conditions of employment.
 
19      (b)  The position of chief negotiator for the State is
 
20 hereby established to head the office.  The chief negotiator
 
21 shall be experienced in labor relations.  The governor shall
 
22 appoint and remove the chief negotiator and the deputy
 
23 negotiators, who shall not be subject to chapters 76, 77, and 89.
 

 
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 1 Effective [January 1, 1989, and January 1, 1990,] January 1,
 
 2 1999, and January 1, 2000, the salary of the chief negotiator
 
 3 shall be set by the governor within the range from [$69,748 to
 
 4 $74,608 and $72,886 to $77,966] $1 to $1 and $1 to $1 a year,
 
 5 respectively.  The chief negotiator and deputy negotiators shall
 
 6 be included in any benefit program generally applicable to the
 
 7 officers and employees of the State.  All other employees shall
 
 8 be appointed in accordance with chapters 76 and 77.  The chief
 
 9 negotiator shall serve as one of the governor's designated
 
10 representatives as set forth in section 89-6(b)."
 
11      SECTION 5.  Chapter 96, Hawaii Revised Statutes, is amended
 
12 as follows:
 
13      1.  Section 96-2 is amended to read:
 
14      "§96-2 Ombudsman; office established, appointment, tenure,
 
15 removal, qualifications, salary, vacancy.  The office of
 
16 ombudsman is established.  The legislature, by a majority vote of
 
17 each house in joint session, shall appoint an ombudsman who shall
 
18 serve for a period of six years and thereafter until a successor
 
19 shall have been appointed.  An ombudsman may be reappointed but
 
20 may not serve for more than three terms.  The legislature, by
 
21 two-thirds vote of the members in joint session, may remove or
 
22 suspend the ombudsman from office, but only for neglect of duty,
 
23 misconduct, or disability.
 

 
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 1      No person may serve as ombudsman within two years of the
 
 2 last day on which the person served as a member of the
 
 3 legislature, or while the person is a candidate for or holds any
 
 4 other state office, or while the person is engaged in any other
 
 5 occupation for reward or profit.  Effective [January 1, 1989, and
 
 6 January 1, 1990,] January 1, 1999, and January 1, 2000, the
 
 7 salary of the ombudsman shall be [$81,629 and $85,302] $1 and $1
 
 8 a year, respectively.  The salary of the ombudsman shall not be
 
 9 diminished during the ombudsman's term of office, unless by
 
10 general law applying to all salaried officers of the State.
 
11      If the ombudsman dies, resigns, becomes ineligible to serve,
 
12 or is removed or suspended from office, the first assistant to
 
13 the ombudsman becomes the acting ombudsman until a new ombudsman
 
14 is appointed for a full term." 
 
15      2.  Section 96-3 is amended to read:
 
16      "§96-3 Assistance, staff, delegation, funding.  The
 
17 ombudsman shall appoint a first assistant and such other officers
 
18 and employees as may be necessary to carry out this chapter.  All
 
19 employees, including the first assistant, shall be hired by the
 
20 ombudsman and shall serve at the ombudsman's pleasure.  In
 
21 determining the salary of each such employee, the ombudsman shall
 
22 consult with the department of human resources development and
 
23 shall follow as closely as possible the recommendations of the
 

 
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                                     H.B. NO.655        
                                                        
                                                        

 
 1 department.  Effective [January 1, 1989, and January 1, 1990,]
 
 2 January 1, 1999, and January 1, 2000, the first assistant's
 
 3 salary shall be [$69,748 and $72,886] $1 and $1 a year,
 
 4 respectively.  The ombudsman and the ombudsman's full-time staff
 
 5 shall be entitled to participate in any employee benefit plan.
 
 6      The ombudsman may delegate to the ombudsman's appointees any
 
 7 of the ombudsman's duties except those specified in sections
 
 8 96-12 and 96-13; provided that during the absence of the
 
 9 ombudsman from the island of Oahu, or the ombudsman's temporary
 
10 inability to exercise and discharge the powers and duties of the
 
11 ombudsman's office, such powers and duties as contained in
 
12 sections 96-12 and 96-13 shall devolve upon the first assistant
 
13 during such absence or inability.
 
14      The funds for the support of the office of the ombudsman
 
15 shall be provided for in the act providing for the expenses of
 
16 the legislature." 
 
17      SECTION 6.  Section 109-2, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "§109-2 Stadium authority; powers and duties.  The powers
 
20 and duties of the stadium authority shall be as follows:
 
21      (1)  To maintain, operate, and manage the stadium and
 
22           related facilities;
 
23      (2)  To prescribe and collect rents, fees, and charges for
 

 
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 1           the use or enjoyment of the stadium or any of its
 
 2           facilities;
 
 3      (3)  To make and execute contracts and other instruments
 
 4           necessary or convenient to exercise its powers under
 
 5           this chapter and subject to any limitations in this
 
 6           chapter, to exercise all powers necessary, incidental,
 
 7           or convenient to carry out and effectuate the purposes
 
 8           and provisions of this chapter;
 
 9      (4)  To adopt, amend, and repeal in accordance with chapter
 
10           91 rules it may deem necessary to effectuate this
 
11           chapter and in connection with its projects,
 
12           operations, and facilities;
 
13      (5)  To appoint a manager and a deputy manager who shall
 
14           have such qualifications as the authority deems
 
15           necessary and who shall hold their respective offices
 
16           at the pleasure of the authority.  The manager and
 
17           deputy manager shall be exempt from the requirements of
 
18           chapters 76, 77, and 89.  Effective [January 1, 1989,
 
19           and January 1, 1990,] January 1, 1999, and January 1,
 
20           2000, the salary of the manager shall be set by the
 
21           governor within the range from [$69,748 to $74,608 and
 
22           $72,886 to $77,966] $1 to $1 and $1 to $1 a year,
 
23           respectively.  Effective [January 1, 1989, and
 

 
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 1           January 1, 1990,] January 1, 1999, and January 1, 2000,
 
 2           the salary of the deputy manager shall be [$62,854 and
 
 3           $65,683] $1 and $1 a year, respectively.  The manager
 
 4           shall have full power to administer the affairs of the
 
 5           stadium and related facilities, subject to the
 
 6           direction and approval of the authority.  The manager
 
 7           shall, subject to the approval of the authority, have
 
 8           power to appoint, suspend, and discharge a secretary
 
 9           who shall be exempt from the requirements of chapters
 
10           76, 77, and 89, and such other employees, subordinates,
 
11           and assistants as may be necessary for the proper
 
12           conduct of the business of the authority.  Except for
 
13           persons hired on contract or otherwise as provided in
 
14           section 109-3 and except for the manager, deputy
 
15           manager, and secretary, all appointments, suspensions,
 
16           or discharges shall be made in conformity with the
 
17           applicable provisions of chapters 76 and 77; and
 
18      (6)  To plan, promote, and market the stadium and its
 
19           related facilities."
 
20      SECTION 7.  Section 269-2, Hawaii Revised Statutes, is
 
21 amended by amending subsection (b) to read as follows:
 
22      "(b)  Effective [January 1, 1989, and January 1, 1990,]
 
23 January 1, 1999, and January 1, 2000, the chairperson of the
 

 
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                                     H.B. NO.655        
                                                        
                                                        

 
 1 commission shall be paid a salary set by the governor within the
 
 2 range of [$69,748 to $74,608 and $72,886 to $77,966] $1 to $1 and
 
 3 $1 to $1 a year, respectively, and each of the other
 
 4 commissioners shall be paid a salary equal to ninety-five per
 
 5 cent of the chairperson's salary.  The commissioners shall be
 
 6 exempt from chapters 76, 77, and 89 but shall be members of the
 
 7 state employees retirement system and shall be eligible to
 
 8 receive the benefits of any state or federal employee benefit
 
 9 program generally applicable to officers and employees of the
 
10 State, including those under chapter 87.
 
11      The commission is placed within the department of budget and
 
12 finance for administrative purposes."
 
13      SECTION 8.  Section 371-4, Hawaii Revised Statutes, is
 
14 amended by amending subsection (a) to read as follows:
 
15      "(a)  There is created a labor and industrial relations
 
16 appeals board composed of three members nominated and, by and
 
17 with the advice and consent of the senate, appointed by the
 
18 governor for terms of ten years each[, except that the terms of
 
19 members first appointed shall be for six, eight, and ten years
 
20 respectively as designated by the governor at the time of
 
21 appointments].  The governor shall designate the chairperson of
 
22 the board who shall be an attorney at law licensed to practice in
 
23 all of the courts of this State.  Each member shall hold office
 

 
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 1 until the member's successor is appointed and qualified.  Because
 
 2 cumulative experience and continuity in office are essential to
 
 3 the proper handling of appeals under workers' compensation law
 
 4 and other labor laws, it is hereby declared to be in the public
 
 5 interest to continue board members in office as long as
 
 6 efficiency is demonstrated.  The members shall devote full time
 
 7 to their duties as members of the board.  Effective [January 1,
 
 8 1989, and January 1, 1990,] January 1, 1999, and January 1, 2000,
 
 9 the salary of the chairperson of the board shall be set by the
 
10 governor within the range from [$69,748 to $74,608 and $72,886 to
 
11 $77,966] $1 to $1 and $1 to $1 a year, respectively, and the
 
12 salary of each of the other members shall be ninety-five per cent
 
13 of the chairperson's salary."
 
14      SECTION 9.  There is appropriated or authorized from the
 
15 sources of funding indicated below to Program Planning, Analysis
 
16 and Budgeting (BUF 101) the following sums, or so much thereof as
 
17 may be necessary, to fund salary increases for executive branch
 
18 officers of the State whose salaries are increased under this
 
19 Act:
 
20                          FY 1999-2000     FY 2000-2001
 
21           General funds  $1               $1
 
22           Special funds  $1               $1
 
23           Federal funds  $1               $1
 

 
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 1      Salary increases provided in this Act for any officer or
 
 2 employee whose compensation is paid, in whole or in part, from
 
 3 federal or special funds, shall be paid wholly or
 
 4 proportionately, as the case may be, from the respective funds.
 
 5 Fund requirements for fiscal year 1999 include $1 (general
 
 6 funds), $1 (special funds), and $1 (federal funds) for
 
 7 retroactive salary increases effective January 1, 1999.  Funds
 
 8 appropriated or authorized by this Act which are not expended or
 
 9 encumbered by June 30 of the respective fiscal years shall lapse
 
10 as of those dates.
 
11      The sums appropriated shall be expended by the department of
 
12 budget and finance for the purposes of this Act.
 
13      SECTION 10.  There is appropriated out of the general
 
14 revenues of the State of Hawaii to the legislative agencies
 
15 indicated below the following sums, or so much thereof as may be
 
16 necessary for fiscal year 1999-2000, to provide salary increases
 
17 and retroactive salary payments for the auditor and the auditor's
 
18 assistants, the director of the legislative reference bureau and
 
19 the director's assistants, the ombudsman and the ombudsman's
 
20 first assistant:
 
21      Office of the auditor                                     $1
 
22      Office of the legislative reference bureau                $1
 
23      Ombudsman                                                 $1
 

 
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 1      The sums appropriated shall be expended by the office of the
 
 2 auditor, office of the legislative reference bureau, or office of
 
 3 the ombudsman, as applicable, for the purposes of this Act.
 
 4      SECTION 11.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 12.  This Act shall take effect on July 1, 1999.
 
 7 
 
 8                              INTRODUCED BY:______________________