REPORT TITLE:
Civil Service Exemption


DESCRIPTION:
Extends civil service exemption to less than half-time DOE
employees who supervise students during meal periods and
distribute, collect, and count tickets.  (SB1275 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1275
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 2
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO CIVIL SERVICE EXEMPTIONS.



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

 1      SECTION 1.  Section 76-16, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§76-16  Civil service and exemptions.  The civil service to
 
 4 which this part applies shall comprise all positions in the State
 
 5 now existing or hereafter established and embrace all personal
 
 6 services performed for the State, except the following:
 
 7      (1)  Commissioned and enlisted personnel of the Hawaii
 
 8           national guard as such, and positions in the Hawaii
 
 9           national guard that are required by state or federal
 
10           laws or regulations or orders of the national guard to
 
11           be filled from those commissioned or enlisted
 
12           personnel;
 
13      (2)  Positions filled by persons employed by contract where
 
14           the director of human resources development has
 
15           certified that the service is special or unique or is
 
16           essential to the public interest and that, because of
 
17           circumstances surrounding its fulfillment, personnel to
 
18           perform the service cannot be obtained through normal
 
19           civil service recruitment procedures.  Any such
 
20           contract may be for any period not exceeding one year;
 

 
Page 2                                                     1275
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 1      (3)  Positions of a temporary nature needed in the public
 
 2           interest where the need for the position does not
 
 3           exceed one year, but before any person may be employed
 
 4           to render the temporary service, the director shall
 
 5           certify that the service is of a temporary nature and
 
 6           that recruitment through normal civil service
 
 7           recruitment procedures is not practicable;
 
 8      (4)  Positions filled by the legislature or by either house
 
 9           or any committee thereof;
 
10      (5)  Employees in the office of the governor and household
 
11           employees at Washington Place;
 
12      (6)  Positions filled by popular vote;
 
13      (7)  Department heads, officers, and members of any board,
 
14           commission, or other state agency whose appointments
 
15           are made by the governor or are required by law to be
 
16           confirmed by the senate;
 
17      (8)  Judges, referees, receivers, masters, jurors, notaries
 
18           public, land court examiners, court commissioners, and
 
19           attorneys appointed by a state court for a special
 
20           temporary service;
 
21      (9)  One bailiff for the chief justice of the supreme court
 
22           who shall have the powers and duties of a court officer
 
23           and bailiff under section 606-14; one secretary or
 

 
Page 3                                                     1275
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        

 
 1           clerk for each justice of the supreme court, each judge
 
 2           of the intermediate appellate court, and each judge of
 
 3           the circuit court; one secretary for the judicial
 
 4           council; one deputy administrative director of the
 
 5           courts; three law clerks for the chief justice of the
 
 6           supreme court, two law clerks for each associate
 
 7           justice of the supreme court and each judge of the
 
 8           intermediate appellate court, one law clerk for each
 
 9           judge of the circuit court, two additional law clerks
 
10           for the civil administrative judge of the circuit court
 
11           of the first circuit, two additional law clerks for the
 
12           criminal administrative judge of the circuit court of
 
13           the first circuit, one additional law clerk for the
 
14           senior judge of the family court of the first circuit,
 
15           two additional law clerks for the civil motions judge
 
16           of the circuit court of the first circuit, two
 
17           additional law clerks for the criminal motions judge of
 
18           the circuit court of the first circuit, and two law
 
19           clerks for the administrative judge of the district
 
20           court of the first circuit; and one private secretary
 
21           for the administrative director of the courts, the
 
22           deputy administrative director of the courts, each
 
23           department head, each deputy or first assistant, and
 

 
Page 4                                                     1275
                                     S.B. NO.           S.D. 1
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 1           each additional deputy, or assistant deputy, or
 
 2           assistant defined in paragraph (16);
 
 3     (10)  First deputy and deputy attorneys general, the
 
 4           administrative services manager of the department of
 
 5           the attorney general, one secretary for the
 
 6           administrative services manager, an administrator and
 
 7           any support staff for the criminal and juvenile justice
 
 8           resources coordination functions, and law clerks;
 
 9     (11)  Teachers, principals, vice-principals, district
 
10           superintendents, chief deputy superintendents, other
 
11           certificated personnel, and not more than twenty
 
12           noncertificated administrative, professional, and
 
13           technical personnel not engaged in instructional work
 
14           in the department of education, the special assistant
 
15           to the state librarian, one secretary for the special
 
16           assistant to the state librarian, and members of the
 
17           faculty of the University of Hawaii, including research
 
18           workers, extension agents, personnel engaged in
 
19           instructional work, and administrative, professional,
 
20           and technical personnel of the university;
 
21     (12)  Employees engaged in special, research, or
 
22           demonstration projects approved by the governor;
 

 
 
 
Page 5                                                     1275
                                     S.B. NO.           S.D. 1
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 1     (13)  Positions filled by inmates, kokuas, patients of state
 
 2           institutions, persons with severe physical or mental
 
 3           handicaps participating in the work experience training
 
 4           programs, and students and positions filled through
 
 5           federally funded programs that provide temporary public
 
 6           service employment such as the federal Comprehensive
 
 7           Employment and Training Act of 1973;
 
 8     (14)  A custodian or guide at Iolani Palace, the Royal
 
 9           Mausoleum, and Hulihee Palace;
 
10     (15)  Positions filled by persons employed on a fee,
 
11           contract, or piecework basis, who may lawfully perform
 
12           their duties concurrently with their private business
 
13           or profession or other private employment and whose
 
14           duties require only a portion of their time, if it is
 
15           impracticable to ascertain or anticipate the portion of
 
16           time to be devoted to the service of the State;
 
17     (16)  Positions of first deputies or first assistants of each
 
18           department head appointed under or in the manner
 
19           provided in section 6, Article V, of the State
 
20           Constitution; three additional deputies or assistants
 
21           either in charge of the highways, harbors, and airports
 
22           divisions or other functions within the department of
 
23           transportation as may be assigned by the director of
 

 
Page 6                                                     1275
                                     S.B. NO.           S.D. 1
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 1           transportation, with the approval of the governor; four
 
 2           additional deputies in the department of health, each
 
 3           in charge of one of the following:  behavioral health,
 
 4           environmental health, hospitals, and health resources
 
 5           administration, including other functions within the
 
 6           department as may be assigned by the director of
 
 7           health, with the approval of the governor; an
 
 8           administrative assistant to the state librarian; and an
 
 9           administrative assistant to the superintendent of
 
10           education;
 
11     (17)  Positions specifically exempted from this part by any
 
12           other law; provided that all of the positions defined
 
13           by paragraph (9) shall be included in the position
 
14           classification plan;
 
15     (18)  Positions in the state foster grandparent program and
 
16           positions for temporary employment of senior citizens
 
17           in occupations in which there is a severe personnel
 
18           shortage or in special projects;
 
19     (19)  Household employees at the official residence of the
 
20           president of the University of Hawaii;
 
21     (20)  Employees in the department of education engaged in the
 
22           supervision of students during [lunch] meal periods and
 
23           in the distribution, collection, and counting of meal
 

 
Page 7                                                     1275
                                     S.B. NO.           S.D. 1
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 1           tickets, and in the cleaning of classrooms after school
 
 2           hours on a less than half-time basis;
 
 3     (21)  Employees hired under the tenant hire program of the
 
 4           housing and community development corporation of
 
 5           Hawaii; provided that not more than twenty-six per cent
 
 6           of the corporation's work force in any housing project
 
 7           maintained or operated by the corporation shall be
 
 8           hired under the tenant hire program;
 
 9     (22)  Positions of the federally funded expanded food and
 
10           nutrition program of the University of Hawaii that
 
11           require the hiring of nutrition program assistants who
 
12           live in the areas they serve;
 
13     (23)  Positions filled by severely handicapped persons who
 
14           are certified by the state vocational rehabilitation
 
15           office that they are able to perform safely the duties
 
16           of the positions;
 
17     (24)  One public high school student to be selected by the
 
18           Hawaii state student council as a nonvoting member on
 
19           the board of education as authorized by the State
 
20           Constitution;
 
21     (25)  Sheriff, first deputy sheriff, and second deputy
 
22           sheriff; and
 

 
 
 
Page 8                                                     1275
                                     S.B. NO.           S.D. 1
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 1     (26)  A gender and other fairness coordinator hired by the
 
 2           judiciary.
 
 3      The director shall determine the applicability of this
 
 4 section to specific positions.
 
 5      Nothing in this section shall be deemed to affect the civil
 
 6 service status of any incumbent as it existed on July 1, 1955."
 
 7      SECTION 2.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 3.  This Act shall take effect upon its approval.