CONFERENCE COMMITTEE REP. 87
Honolulu, Hawaii
, 2003
RE: S.B. No. 1333
S.D. 1
H.D. 2
C.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1333, S.D. 1, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO THE COMPENSATION OF OFFICIALS IN THE JUDICIAL BRANCH OF STATE GOVERNMENT,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this bill is to authorize the Judiciary Salary Commission (Commission) to determine salaries for justices, judges, and appointed Judiciary administrative officers effective July 1, 2004, and every eight years thereafter, subject to legislative and gubernatorial disapproval.
Your Committee finds that allowing the Commission to review and recommend salaries on a regular basis ensures the separation of powers and independence of the Judiciary. Your Committee further finds that Article VI, section 3 of the State Constitution requires that "justices and judges shall have salaries as provided by law". Because laws are made by the legislative branch of government, your Committee believes the Commission's recommendations should only be reviewed by the legislature. Therefore, your Committee amended the bill by:
(1) Deleting reference to the governor in §601-3(a), Hawaii Revised Statutes (HRS), on page 2, line 2;
(2) Deleting reference to the governor in §601-3(c), HRS, on page 2, line 15;
(3) Deleting reference to the governor in §602-2, HRS, on page 3, line 9;
(4) Deleting reference to the governor in §602-52, HRS, on page 4, lines 1-2;
(5) Deleting reference to the governor in §603-5, HRS, on page 4, line 13;
(6) Deleting reference to the governor in §604-2.5, HRS, on page 5, line 2;
(7) Replacing the word "determinations" with the word "recommendations" on page 7, line 9, and reinserting the word "recommended" on page 8, line 6;
(8) Deleting the phrase "with a copy to the governor" on page 7, lines 10-11;
(9) Adding a provision authorizing incremental salary increases that take effect over the span of years occurring prior to the convening of the next Commission;
(10) Replacing the phrase "the new salaries shall take effect at the beginning of the next fiscal year" on page 7, lines 11-12, with "the recommended salaries submitted by the commission shall become effective July 1 of the next fiscal year";
(11) Deleting the words "by the legislature" on page 7, lines 15-16;
(12) Replacing the words "recommendation is submitted" on page 7, line 19, with "recommended salaries are submitted";
(13) Deleting §608-1.5(c)(2), HRS, on page 7, line 20 – page 8, line 2, that allows the governor to disapprove a salary recommendation;
(14) Rewording page 8, lines 3-4 to read "provided that pursuant to article VI, section 3 of the State Constitution";
(15) Adding the words "and not disapproved by the legislature" after the word "commission" on page 8, line 7;
(16) Adding a provision that allows the Commission to reconvene in the month of November following legislative disapproval of a salary recommendation to review the legislature's reasons for disapproving its salary recommendation, and allowing the Commission to submit a new salary recommendation in the next regular session; and
(17) Making technical, nonsubstantive changes for clarity and style.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1333, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1333, S.D. 1, H.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
|
ON THE PART OF THE HOUSE |
ON THE PART OF THE SENATE |
|
____________________________ MARCUS R. OSHIRO, Co-Chair |
____________________________ COLLEEN HANABUSA, Chair |
|
|
____________________________ DWIGHT Y. TAKAMINE, Co-Chair |
____________________________ BRIAN T. TANIGUCHI, Co-Chair |
|