Increases the salaries of 23 positions which are statutorily set, and which are not within the review of the Executive Salary Commission.

A BILL FOR AN ACT

SECTION 1. This Act addresses the salaries of twenty-three positions. The salaries for all of these twenty-three positions are specifically mandated by law.

There are six positions (the chairperson of the Hawaii labor relations board, the manager of the stadium authority, the chairperson of the public utilities commission, the chairperson of the Hawaii paroling authority, the chairperson of the Hawaii labor and industrial relations appeals board, and the state public defender) that have a salary range tied to the salary range of a deputy or assistant to the head of a department of the State. It would appear that the legislature intended that these six positions be compensated at the salary range of a deputy director or assistant, and receive the same salary increases given to the deputy director. The executive salary commission created four different salary tiers for deputy directors. This Act would automatically tie the salary for these six positions to the maximum salary payable to the deputy director of the department to which the position is attached.

Eight other positions are for the members of the Hawaii labor relations board, the public utilities commission, the Hawaii paroling authority, and the Hawaii labor and industrial relations appeals board. All of these boards and commissions consist of a chairperson and two members. Under current law, the salaries for the members of these boards and commissions are at a certain percentage of the respective chairperson's salary. This Act retains those same salary percentages. Consequently, an increase in the chairperson's salary will automatically increase the salaries of the members.

There is one position (deputy manager of the stadium authority) that serves in a subordinate capacity to the stadium authority manager. Currently, the salary amount for this deputy manager position is a fixed dollar amount range. This Act would make the salary for this deputy manager position a fixed percentage (eighty-five per cent) of the manager's salary.

The remaining eight positions either have a fixed salary amount or are tied to the salary range of a deputy or assistant to the head of a department of the State. This Act would allow the salary for these eight positions to be determined by the appointing authority.

SECTION 2. Section 84-35, Hawaii Revised Statutes, is amended to read as follows:

"§84-35 Staff. The ethics commission may employ and at pleasure remove such persons, including an executive director, as it may deem necessary for the performance of its functions. [The salary of the executive director shall not exceed that of a deputy under section 26-53.] Effective July 1, 2005, the executive director shall be paid a salary set by the ethics commission. The commission shall fix the compensations of its employees within the amounts made available by appropriation therefor. The employees of the commission shall be exempt from chapter 76."

SECTION 3. Section 89-5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The members shall devote full time to their duties as members of the board. Effective [January 1, 1989, and January 1, 1990, the salary of the chairperson of the board shall be set by the governor within the range from $69,748 to $74,608 and $72,886 to $77,966 a year, respectively,] July 1, 2005, the chairperson of the board shall be paid a salary set at the maximum salary payable to the deputy director of the department in which the board is placed, and the salary of each of the other members shall be ninety-five per cent of the chairperson's salary. No member shall hold any other public office or be in the employment of the State or a county, or any department or agency thereof, or any employee organization during the member's term."

SECTION 4. Section 109-2, Hawaii Revised Statutes, is amended to read as follows:

"§109-2 Stadium authority; powers and duties. The powers and duties of the stadium authority shall be as follows:

SECTION 5. Section 128-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) There shall be a vice-director of civil defense who shall be appointed and may be removed by the director. The vice-director shall be the first assistant to the director and shall, in the absence of the director, have all the duties and responsibilities of the director. The vice-director shall [receive such compensation as shall be provided pursuant to section 26-53.] be paid a salary set by the director of civil defense. Chapter 76 shall not apply to the vice-director."

SECTION 6. Section 201G-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The corporation shall employ, exempt from chapter 76 and section 26-35(a)(4), an executive director and an executive assistant. Effective July 1, [1998, the salary of the executive director shall be set by the governor within the range from $72,886 to $77,966 a year. Effective July 1, 1998, the salary of the executive assistant shall be set by the governor within the range from $65,597 to $70,169 a year.] 2005, the executive director and the executive assistant shall be paid a salary set by the board. The corporation may employ, subject to chapter 76, technical experts and officers, agents, and employees, permanent and temporary, as required. The corporation may also employ officers, agents, and employees; prescribe their duties and qualifications; and fix their salaries, not subject to chapter 76, when in the determination of the corporation, the services to be performed are unique and essential to the execution of the functions of the corporation. The corporation may call upon the attorney general for legal services as it may require. The corporation may delegate to one or more of its agents or employees the powers and duties as it deems proper."

SECTION 7. Section 269-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Effective [January 1, 1989, and January 1, 1990, the chairperson of the commission shall be paid a salary set by the governor within the range of $69,748 to $74,608 and $72,886 to $77,966 a year, respectively,] July 1, 2005, the chairperson of the commission shall be paid a salary set at the maximum salary payable to the deputy director of the department in which the commission is placed, and each of the other commissioners shall be paid a salary equal to ninety-five per cent of the chairperson's salary. The commissioners shall be exempt from chapters 76 and 89 but shall be members of the state [employees] employees' retirement system and shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State, including those under chapter [87] 87A.

The commission is placed within the department of budget and finance for administrative purposes."

SECTION 8. Section 342G-12.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342G-12.5[]] Recycling coordinator. There is established a position of assistant to the coordinator of the office of solid waste management to be known as the recycling coordinator. The position shall be appointed by the director without regard to chapter 76 and [shall be compensated at an annual salary level of $42,538.] effective July 1, 2005, the recycling coordinator shall be paid a salary set by the director. The recycling coordinator shall be included in any benefit program generally applicable to the officers and employees of the State."

SECTION 9. Section 349-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The head of this office shall be known as the director of the executive office on aging, hereinafter referred to as director. The director shall have professional training in the field of social work, education, public health, and other related fields; extensive direct experience in programs or services related to elders; and recent experience in a supervisory, consultative, or administrative position. The director shall be nominated and appointed by the governor without regard to chapters 76 and 89. Effective [January 1, 1989, and January 1, 1990, the salary of the director shall be $56,505 and $59,048 a year, respectively.] July 1, 2005, the director shall be paid a salary set by the governor. The director shall be included in any benefit program generally applicable to the officers and employees of the State."

SECTION 10. Section 353-63, Hawaii Revised Statutes, is amended to read as follows:

"§353-63 Service of Hawaii paroling authority members; compensation; expenses. The chairperson of the Hawaii paroling authority shall serve on a full-time basis. The other two members shall serve on a part-time basis. Effective July 1, [1994] 2005, the chairperson of the Hawaii paroling authority shall be paid a salary set [by the governor within the range of $72,886 to $77,966, a year at the maximum salary payable to the deputy director of the department in which the authority is placed. The compensation of each of the part-time members shall be eighty per cent of the hourly wage paid the chairperson. For each hour engaged in the official duties of the authority, each part-time member of the authority shall be paid an hourly wage at the percentage rate specified in this section based on the hourly wage paid the chairperson; provided that compensation shall not exceed eighty per cent of the total regular working hours in a month; and provided further that part-time members shall not be entitled to any vacation, sick leave, or other benefits except as provided in this section. All paroling authority members shall receive their necessary expenses for travel and incidentals which shall be paid from appropriations provided the authority for such purposes, on vouchers approved by the director of public safety."

SECTION 11. Section 363-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The head of the office shall be known as the director of the office of veterans' services. The director shall be nominated and appointed by the governor without regard to chapters 76 and 89. Effective July 1,[1990, the salary of the director shall be $59,048 a year.] 2005, the director shall be paid a salary set by the governor. The director shall be included in any benefit program generally applicable to the officers and employees of the State."

SECTION 12. Section 371-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is created a labor and industrial relations appeals board composed of three members nominated and, by and with the advice and consent of the senate, appointed by the governor for terms of ten years each, except that the terms of members first appointed shall be for six, eight, and ten years respectively as designated by the governor at the time of appointments. The governor shall designate the chairperson of the board who shall be an attorney at law licensed to practice in all of the courts of this State. Each member shall hold office until the member's successor is appointed and qualified. Because cumulative experience and continuity in office are essential to the proper handling of appeals under workers' compensation law and other labor laws, it is hereby declared to be in the public interest to continue board members in office as long as efficiency is demonstrated. The members shall devote full time to their duties as members of the board. Effective [January 1, 1989, and January 1, 1990, the salary of the chairperson of the board shall be set by the governor within the range from $69,748 to $74,608 and $72,886 to $77,966 a year, respectively,] July 1, 2005, the chairperson of the board shall be paid a salary set at the maximum salary payable to the deputy director of the department in which the board is placed, and the salary of each of the other members shall be ninety-five per cent of the chairperson's salary."

SECTION 13. Section 371K-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The head of the office shall be known as the executive director of the office of community services, hereinafter referred to as executive director. The executive director shall have: training and experience in the field of social work, education, public health, or related fields; direct experience in programs and services related to disadvantaged persons, refugees, or immigrants; and experience in a supervisory, consultative, or administrative capacity. The executive director shall be appointed by the governor without regard to chapter 76, and [shall be compensated at a salary level no less than that of a second deputy.] effective July 1, 2005, the executive director shall be paid a salary set by the governor. The executive director shall be included in any benefit program generally applicable to the officers and employees of the State."

SECTION 14. Section 802-11, Hawaii Revised Statutes, is amended to read as follows:

"§802-11 Appointment of state public defender. The state public defender shall be appointed by the defender council without regard to chapters 76 and 89. The state public defender's appointment shall be for a term of four years except as otherwise provided herein, and until the state public defender's successor is appointed and qualified. The state public defender shall be qualified to practice law before the supreme court of this State. Effective [January 1, 1989, and January 1, 1990, the salary of the state public defender shall be set by the governor within the range from $69,748 to $74,608 and $72,886 to $77,966 a year, respectively.] July 1, 2005, the state public defender shall be paid a salary set by the defender council. The state public defender shall devote full time to the performance of the state public defender's duties and shall not engage in the general practice of law."

SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 16. This Act shall take effect upon its approval.