Report Title:

Public Officers; Compensation

 

Description:

Increases the compensation of department directors and/deputies and the administrative director of the State. (HB617 HD1)

 

 

HOUSE OF REPRESENTATIVES

H.B. NO.

617

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE COMPENSATION OF PUBLIC OFFICERS.

 

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

SECTION 1. Chapter 26, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§26- Salary commission. (a) There shall be established within the office of the governor for administrative purposes only an independent salary commission to establish the salaries of all elected officials, including the governor, legislators, and the following appointed officials: the administrative director of the State, department heads, and deputy department heads. The commission shall consist of seven members, who shall be appointed pursuant to section 26-34, and shall serve for staggered terms of five years and until their successors have been appointed and qualified. The initial appointments shall commence no later than January 15,     , and shall be appointed by the governor as follows:

(1) Two members for two-year terms, one shall be appointed from a list of nominees submitted by the speaker of the house of representatives and one shall be appointed from a list of nominees submitted by the president of the senate;

(2) Two members for four-year terms, two shall be appointed from a list of nominees submitted by the speaker of the house of representatives and two shall be appointed from a list of nominees submitted by the president of the senate; and

(3) One member for a five-year term.

Each succeeding appointment shall be for a term ending five years from the date of the expiration of the term for which the predecessor had been appointed. The commission shall elect a chair from among its members and the commission shall act by a majority vote of its membership. Any vacancy shall be filled in the same manner as for an original appointment.

(b) The commission shall convene annually no later than the first day of February, and, after public hearing, shall establish salaries and salary schedules no later than the first day of May subsequent thereto. The salaries and salary schedules shall be effective prospectively from the first day of the fiscal year subsequent to their adoption by the commission. The commission may meet at other times during the year pursuant to its own rules, but may alter salaries and salary schedules no more than once annually. Any action of the commission altering salaries shall be by resolution accompanied by findings of fact. The resolution shall be forwarded to the governor and the legislature but shall take effect without their concurrence sixty calendar days after its adoption unless rejected by a three-quarters vote of the entire membership of each house of the legislature. The council may reject either the entire resolution or any portion of it.

(c) The commission shall set salaries in accordance with the principles of adequate compensation for work performed, and preservation of a sensible relationship with the salaries of other public employees.

(d) The commission shall employ consultants and staff as necessary to assist it in the performance of its duties.

(e) The members of the salary commission shall serve without compensation but shall be reimbursed for expenses, including travel expense necessary for the performance of their duties."

SECTION 2. Section 26-52, Hawaii Revised Statutes, is amended to read as follows:

"§26-52 Department heads and executive officers. The salaries of the following state officers shall be as follows:

(1) The salary of the superintendent of education shall be set by the board of education at a rate no greater than $150,000 a year;

(2) The salary of the president of the University of Hawaii shall be set by the board of regents;

(3) The basic salaries of all department heads or executive officers of the departments of accounting and general services, agriculture, attorney general, budget and finance, business, economic development, and tourism, commerce and consumer affairs, Hawaiian home lands, health, human resources development, human services, labor and industrial relations, land and natural resources, public safety, taxation, and transportation shall be [$85,302] $        a year[; and] as determined by the salary commission pursuant to section 26- ; provided that the salaries are exclusive of any merit performance plan adopted by the salary commission not to exceed thirty per cent of the department head or executive officer's basic salary; and

(4) The salary of the adjutant general shall be [$85,302] $95,000 a year; provided that if this salary is in conflict with the pay and [allowance] allowances fixed by the tables of the regular army or air force of the United States, the latter shall prevail."

SECTION 3. Section 26-53, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [Effective January 1, 1989, and January 1, 1990, the] The salaries of deputies or assistants to the head of any department of the State, other than the department of education, shall be set by the governor within [the] a range [from $69,748 to $74,608 and $72,886 to $77,966 a year, respectively.] approved by the salary commission."

SECTION 4. Section 26-54, Hawaii Revised Statutes, is amended to read as follows:

"§26-54 Administrative director of the State. [Effective January 1, 1989, and January 1, 1990, the] The basic salary of the administrative director [of the State] shall be [$86,164 and $90,041] $        a year[,respectively.], as determined by a salary commission pursuant to section 26- ; provided that the salaries are exclusive of any merit performance plan adopted by the salary commission not to exceed thirty per cent of the administrative director's basic salary."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2001.