Report Title:
State Agencies; Deputy Director; Special Assistant; Appointment
Description:
Provides that deputy directors and special assistant positions of executive departments not belonging to the Department of Education or the University of Hawaii are subject to position justification requirements and legislative review.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
753 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to executive departments.
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- Executive departments; deputy director and special assistant positions; appointment review process. (a) No department or agency shall establish, or appoint a person to fill, a deputy director or special assistant position within the department or agency without first filing with the department of human resources development:
(1) A justification for the position;
(2) A description of the duties and responsibilities to be assigned to the position;
(3) The selection criteria and minimum qualifications to be used to fill the position; and
(4) The salary range for the position and funding source from which the salary is to be paid.
(b) This section shall not apply to the department of education or the University of Hawaii.
(c) At the end of each fiscal quarter, beginning with the fiscal quarter ending September 30, 2005, the governor shall submit a report to the legislature detailing:
(1) Each department and agency's compliance with subsection (a) for each deputy director and special assistant position under the executive branch's control;
(2) The number of deputy director or special assistant positions under the executive branch's control that were subject to subsection (a) during that fiscal quarter; and
(3) For each of the deputy director and special assistant positions identified by the governor:
(A) The salary paid to each deputy director or special assistant and funding sources therefor; and
(B) The positions in which the salary of any deputy director or special assistant exceeds the salary range recommended under subsection (a)(4), the amount of the variance, and reasons for the variance.
(d) For the purposes of this section, the terms "deputy director" and "special assistant" include but are not limited to any employee whose title is "deputy director", "deputy to the chair", "vice director", "executive assistant", "administrative assistant", "attaché", or similar term, and includes any employee whose position is exempt from chapter 76 who is employed by an executive department or agency and who either:
(1) Has an annual salary that is not less than fifty per cent of the salary of a department head or executive officer as established under section 26-52(3) and regardless of the employing department or agency; or
(2) Is filling an exempt position within an executive department or agency, is on loan, either from within that executive department or agency or from another executive department or agency, and is assigned to work in the director's office for at least seventy-five per cent of a fiscal year."
SECTION 2. Beginning January 1, 2006, any deputy director or special assistant positions of the executive branch that have been established or filled in non-compliance with section 1 of this Act shall be abolished. All unexpended funds relating to the funding of the abolished positions shall lapse to the credit of the general fund.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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