Report Title:
Relating to salaries.
Description:
Eliminates statutory relationships between the salaries of specific department heads and deputy department heads and certain civil service positions.
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THE SENATE |
S.B. NO. |
1453 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SALARIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. This Act addresses positions whose salaries are statutorily linked to the salaries of department heads or deputy department heads. Act 226, Session Laws of Hawaii 2005, linked the salaries and the pay increases of the following positions to the salary of the director of the department of human resources development: stadium manager and deputy manager, vice director of civil defense, public utilities commissioners, director of the executive office of aging, and the director of the office of veterans services. Act 226 also linked the salaries of the following positions to the salaries of certain other department heads: members of the paroling authority (director of public safety), members of the labor and industrial relations appeals board and of the Hawaii labor relations board (director of labor and industrial relations) and commissioner of financial institutions (director of commerce and consumer affairs).
Although not covered by Act 226, Session Laws of Hawaii 2005, the salaries of the following positions are directly or indirectly statutorily linked to the salaries of deputy department heads: insurance commissioner, captive insurance administrator, and the executive director of the office of community services.
In some cases, the salary resulting from the statutory linkage has made it difficult to attract or retain highly qualified individuals. This Act amends the statutes to "de-link" the salaries of those positions and give authority to appropriate individuals, boards, or commissions to determine the salaries.
SECTION 2. 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 July 1, [2005,]
2007, the chairperson of the board shall be paid a salary set [at
eighty-seven per cent of the salary of the director of labor and industrial
relations,] by the governor, 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 3. 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:
(1) To maintain, operate, and manage the stadium and related facilities, and to provide for the maintenance, operation, management, and promotion of the Kapolei recreational sports complex;
(2) To prescribe and collect rents, fees, and charges for the use or enjoyment of the stadium or any of its facilities;
(3) To make and execute contracts and other instruments necessary or convenient to exercise its powers under this chapter and subject to any limitations in this chapter, to exercise all powers necessary, incidental, or convenient to carry out and effectuate the purposes and provisions of this chapter, including entering into contracts under chapter 102 or 103D for the management of the Kapolei recreational sports complex, to include but not be limited to the operation, maintenance, and promotion of the complex in a manner that is beneficial to both the State and the contractor. These contracts may contain revenue sharing incentives based on increased usage of the complex;
(4) To adopt, amend, and repeal in accordance with chapter 91 rules it may deem necessary to effectuate this chapter and in connection with its projects, operations, and facilities;
(5) To appoint a manager and a deputy manager who
shall have such qualifications as the authority deems necessary and who shall
hold their respective offices at the pleasure of the authority. The
manager and deputy manager shall be exempt from the requirements of chapters 76
and 89. Effective July 1, [2005,] 2007, the manager shall
be paid a salary [not to exceed eighty-seven per cent of the salary of the
director of human resources development] in a range equivalent to the deputy
comptroller's range. Effective July 1, [2005,] 2007,
the deputy manager shall be paid a salary not to exceed eighty-five per cent of
the manager's salary. The manager shall have full power to administer the
affairs of the stadium and related facilities, and to provide for a management
contract for the Kapolei recreational sports complex, subject to the direction
and approval of the authority. The manager shall, subject to the approval
of the authority, have power to appoint, suspend, and discharge a secretary who
shall be exempt from the requirements of chapters 76 and 89, and such other
employees, subordinates, and assistants as may be necessary for the proper
conduct of the business of the authority. Except for persons hired on
contract or otherwise as provided in section 109-3 and except for the manager,
deputy manager, and secretary, all appointments, suspensions, or discharges
shall be made in conformity with the applicable provisions of chapter 76; and
(6) To plan, promote, and market the stadium, its related facilities, and the Kapolei recreational sports complex."
SECTION 4. 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 be paid a
salary [not to exceed eighty-seven per cent of the salary of the director of
human resources development.] set by the director. Chapter 76 shall
not apply to the vice-director."
SECTION 5. Section 201H-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The [administration] corporation
shall employ, exempt from chapter 76 and section 26-35(a)(4), an executive
director and an executive assistant. The executive director shall be paid a
salary [not to exceed eighty-five per cent of the salary of the director of
human resources development.] set by the board of directors. The
executive assistant shall be paid a salary not to exceed ninety per cent of the
executive director's salary. The administration may employ, subject to Chapter
76, technical experts and officers, agents, and employees, permanent and
temporary, as required. The administration 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
administration, the services to be performed are unique and essential to the
execution of the functions of the administration. The administration may call
upon the attorney general for legal services as it may require. The
administration may delegate to one or more of its agents or employees its
powers and duties as it deems proper."
SECTION 6. Section 269-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Effective July 1, [2005,] 2007,
the chairperson of the commission shall be paid a salary set [at
eighty-seven per cent of the salary of the director of human resources
development,] by the governor 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' 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 87A. The commission is placed within the department of
budget and finance for administrative purposes."
SECTION 7. 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 July 1, [2005,] 2007, the
director shall be paid a salary set by the appointing authority [that shall
not exceed sixty-nine per cent of the salary of the director of human resources
development]. The director shall be included in any benefit program
generally applicable to the officers and employees of the State."
SECTION 8. Section 353-63, Hawaii Revised Statutes, is amended to read as follows:
"§353-63 Service of Hawaii paroling
authority members; compensation; expenses. The chairperson and
the two members 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, [2005,] 2007, the chairperson of the Hawaii paroling authority shall be paid a salary set [at eighty-seven per cent of the
salary of the director of public safety.] by the governor. The
compensation of each of the [part-time] two additional
members shall be eighty per cent of the [hourly wage] salary 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; 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 9. Section 356D-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The authority shall employ, exempt
from chapter 76 and section 26-35(a)(4), an executive director and an executive
assistant. The executive director shall be paid a salary [not to exceed
eighty-five per cent of the salary of the director of human resources
development.] set by the authority. The executive assistant shall
be paid a salary not to exceed ninety per cent of the executive director's
salary. The authority may employ, subject to chapter 76, technical experts and
officers, agents, and employees, permanent or temporary, as required. The
authority 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 authority, the services to be performed are
unique and essential to the execution of the functions of the authority;
provided that if the authority hires an officer, agent, or employee in a
capacity not subject to chapter 76, the authority shall include in an annual
report to the legislature, to be submitted not later than twenty days prior to
the convening of each regular session, the position descriptions and reasons
for hiring the personnel in a civil service exempt capacity. The authority may
call upon the attorney general for legal services as it may require. The
authority may delegate to one or more of its agents or employees the powers and
duties it deems proper."
SECTION 10. 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, [2005,] 2007, the director shall
be paid a salary set by the appointing authority [that shall not exceed
sixty-nine per cent of the salary of the director of human resources
development]. The director shall be included in any benefit program
generally applicable to the officers and employees of the State."
SECTION 11. 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 July 1, [2005,] 2007, the
chairperson of the board shall be paid a salary set [at eighty-seven per
cent of the salary of the director of labor and industrial relations,] by
the governor, and the salary of each of the other members shall be
ninety-five per cent of the chairperson's salary."
SECTION 12. 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.] 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 13. Section 412:2-100, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The salary of the
commissioner shall be set by the director of commerce and consumer
affairs [but shall not be more than the maximum salary of first deputy to
the director of commerce and consumer affairs]."
SECTION 14. Section 431:2-103, Hawaii Revised Statutes, is amended to read as follows:
"§431:2-103 Salary. The
salary of the commissioner shall be set by the director of commerce and
consumer affairs [but shall not be more than the maximum salary of first
deputies to department heads]."
SECTION 15. Section 431:19-101.6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§431:19-101.6[]]
Salary. The salary of the administrator shall be set by the director of
commerce and consumer affairs[, but shall not be more than ninety-five per
cent of the maximum salary of the commissioner]."
SECTION 16. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 17. This Act shall take effect on July 1, 2007.
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INTRODUCED BY: |
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BY REQUEST |