STAND

STAND. COM. REP. 1083

Honolulu, Hawaii

, 2003

RE: S.B. No. 1333

S.D. 1

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor and Public Employment, to which was referred S.B. No. 1333, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE COMPENSATION OF OFFICIALS IN THE JUDICIAL BRANCH OF STATE GOVERNMENT,"

begs leave to report as follows:

The purpose of this bill is to establish a means for setting judicial salaries that provides a regular and equitable review of salaries by:

(1) Authorizing the Judicial Salary Commission (Commission) to determine the salaries of supreme court justices, intermediate court of appeals, circuit court, and district court judges, and appointed administrative officers of the Judiciary;

(2) Providing that this authorization shall begin on July 1, 2004; and

(3) Providing for legislative oversight by allowing for the rejection of a recommended salary increase by the Commission by a two-thirds vote of each house of the Legislature.

The Judiciary, Department of the Attorney General, Department of Human Resources Development, Judicial Salary Commission, National Center for State Courts-Court Consulting Services, Hawaii State Bar Association, and American Judicature Society-Hawaii Chapter testified in support of this measure.

The Commission currently makes recommendations for judicial salary increases. However, because of economic difficulties faced by the State, as well as political pressures, regular pay increases and adjustments for judges and justices have not occurred. On average, judicial officials have received pay increases, every 5.4 years. Your Committee finds that by authorizing the Commission to determine judicial salaries, more qualified individuals will seek positions as a judicial official and more will remain to continue to serve the public.

Upon further consideration, your Committee believes that the Commission of Legislative Salaries which is required to meet every eight years to make recommendations regarding salary increases for legislative officials can be instructive in the work of the Commission. Your Committee finds that the process applied to legislative salaries should also apply to judicial salaries. Accordingly, your Committee has amended this measure by:

(1) Requiring the Commission to convene in the month of November 2003, and every eight years thereafter to determine the salaries of supreme court justices, intermediate court of appeals, circuit court, and district court judges, and appointed administrative officers of the Judiciary;

(2) Requiring the Commission to submit a report of its findings and salary determinations to the Legislature, through the Chief Justice, with a copy also filed with the Governor not later than the fortieth legislative day of the Regular Session of 2004, and every eight years thereafter;

(3) Specifying that the salaries determined by the Commission shall become effective at the beginning of the next fiscal year after the legislative session in which the determination is submitted;

(4) Providing for legislative disapproval of the salary determinations of the Commission through the adoption, by a simple majority vote of both houses of the Legislature, of a concurrent resolution prior to adjournment sine die of the legislative session in which the determination is submitted;

(5) Providing for the Governor's disapproval of the salary determinations of the Commission by a message of disapproval transmitted to the Legislature prior to adjournment sine die;

(6) Providing for the automatic review and determination of the salaries of supreme court justices, intermediate court of appeals, circuit court, and district court judges, and appointed administrative officers of the Judiciary; and

(7) Making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1333, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1333, S.D. 1, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Labor and Public Employment,

		____________________________ MARCUS R. OSHIRO, Chair