SB2281 SD1.DOC

SECTION 1. Section 26-52, Hawaii Revised Statutes, is amended to read as follows:

"§26-52 Department heads and executive officers. The salaries of the following state officers shall be as follows:

(1) The salary of the superintendent of education shall be set by the board of education [~~at a rate no greater than $150,000 a year;~~]; provided that the board of education shall consider the salary recommendations of the ad hoc committee established under section 5 of Act , Session Laws of Hawaii 2010, until such time that the commission on salaries makes a recommendation of the salary, pursuant to section 26‑56;

(2) The salary of the president of the University of Hawaii shall be set by the board of regents;

(3) Effective July 1, 2004, the salaries of all department heads or executive officers of the departments of accounting and general services, agriculture, attorney general, budget and finance, business, economic development, and tourism, commerce and consumer affairs, Hawaiian home lands, health, human resources development, human services, labor and industrial relations, land and natural resources, public safety, taxation, and transportation shall be as last recommended by the executive salary commission. Effective July 1, 2007, and every six years thereafter, the salaries shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature; and

(4) The salary of the adjutant general shall be $85,302 a year. Effective July 1, 2007, and every six years thereafter, the salary of the adjutant general shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature, except that if the state salary is in conflict with the pay and allowance fixed by the tables of the regular army or air force of the United States, the latter shall prevail."

SECTION 2. Section 26-56, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) The commission shall review and recommend an appropriate salary for the governor, lieutenant governor, members of the legislature, justices and judges of all state courts, administrative director of the State or an equivalent position, and department heads or executive officers and the deputies or assistants to the department heads of the departments of:

(1) Accounting and general services;

(2) Agriculture;

(3) The attorney general;

(4) Budget and finance;

(5) Business, economic development, and tourism;

(6) Commerce and consumer affairs;

(7) Defense;

(8) Education, including complex area superintendents and the state librarian;

[~~(8)~~] (9) Hawaiian home lands;

[~~(9)~~] (10) Health;

[~~(10)~~] (11) Human resources development;

[~~(11)~~] (12) Human services;

[~~(12)~~] (13) Labor and industrial relations;

[~~(13)~~] (14) Land and natural resources;

[~~(14)~~] (15) Public safety;

[~~(15)~~] (16) Taxation; and

[~~(16)~~] (17) Transportation.

The commission shall not review the salary of any position in [~~the department of education or~~] the University of Hawaii.

The commission may recommend different salaries for department heads and executive officers and different salary ranges for deputies or assistants to department heads; provided that the commission shall recommend the same salary range for deputies or assistants to department heads within the same department; provided further that the appointing official shall specify the salary for a particular position within the applicable range. For positions under the department of education, the commission on salaries shall recommend salary ranges and the board of education shall specify salaries within the applicable range for those positions, pursuant to section 26‑52.

The commission shall not recommend salaries lower than salary amounts recommended by prior commissions replaced by this section."

2. By amending subsection (d) to read:

"(d) The commission shall convene in the month of November 2006, and every six years thereafter. Not later than the fortieth legislative day of the regular session of 2007, and every six years thereafter, the commission shall submit a report of its findings and its salary recommendations to the legislature, through the governor[.]; provided that for positions under the department of education, the commission shall submit a report of its findings and its salary recommendations to the board of education. The commission may include incremental increases that take effect prior to the convening of the next salary commission.

The recommended salaries submitted by the commission shall become effective July 1 of the next fiscal year unless the legislature disapproves the recommended salaries submitted by the commission through the adoption of a concurrent resolution, which shall be approved by a simple majority of each house of the legislature, prior to adjournment sine die of the legislative session in which the recommended salaries are submitted; provided that any change in salary which becomes effective shall not apply to the legislature to which the recommendation for the change in salary was submitted. For positions under the department of education, the recommended salaries submitted by the commission shall become effective July 1 of the next fiscal year unless the board of education disapproves the recommended salaries within thirty days of receipt of the recommended salaries from the commission.

The governor shall include the salary amounts recommended by the commission and approved by the legislature for employees of the executive branch in the executive budget. If the salary amounts recommended by the commission are disapproved by the legislature, the commission shall reconvene in the November next following the legislative disapproval to review the legislature's reasons for disapproving its salary recommendation. The commission may submit a report of its findings and submit a new salary recommendation to the legislature at the next regular session. The commission's reconvening following a legislative disapproval shall not toll the six-year cycle."

SECTION 3. Section 302A-621, Hawaii Revised Statutes, is amended to read as follows:

"§302A-621 Salary; deputy superintendent, assistant superintendents, complex area superintendents. The salaries of the deputy superintendent, assistant superintendents, and complex area superintendents shall be set by the board; provided that [~~the salaries of the deputy superintendent, assistant superintendents, and the complex area superintendents shall not exceed eighty per cent of the superintendent's salary.~~] the board of education shall consider the salary recommendations of the ad hoc committee established under section 5 of Act , Session Laws of Hawaii 2010, until such time that the commission on salaries makes salary recommendations, pursuant to section 26‑56."

SECTION 4. Section 312-2.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The salary of the state librarian shall be set by the board of education [~~at a rate no greater than $120,000 a year.~~]; provided that the board of education shall consider the salary recommendations of the ad hoc committee established under section 5 of Act , Session Laws of Hawaii 2010, until such time that the commission on salaries makes a salary recommendation, pursuant to section 26‑56."

SECTION 5. (a) The senate president and the speaker of the house of representatives shall convene an ad hoc committee to submit recommendations to the board of education for salaries of the superintendent of education, deputy superintendent, assistant superintendents, complex area superintendents, and state librarian for the interim period commencing July 1, 2010, and until the commission on salaries' recommendations to the board of education take effect.

(b) The ad hoc committee shall consist of five members as follows:

(1) Two members shall be appointed by the senate president;

(2) Two members shall be appointed by the speaker of the house of representatives; and

(3) One member shall be appointed by the governor.

(c) The ad hoc committee shall make its salary recommendations to the board of education no later than October 1, 2011. The recommended salaries submitted shall become effective on November 1, 2011, unless the board of education disapproves the recommended salaries within thirty days of receipt of the recommendation. If the board of education disapproves the recommendation, the board shall return the ad hoc committee's salary recommendations with a justification for the disapproval. The ad hoc committee shall have fourteen days to resubmit its amended recommendations to the board, and this schedule shall continue until the board approves the recommendations submitted by the ad hoc committee. The caps on the salaries of the superintendent of education, deputy superintendent, assistant superintendents, complex area superintendents, and state librarian, as established in sections 26‑52, 302A‑621, and 312‑2.1, Hawaii Revised Statutes, shall remain in effect at the amounts or percentages that existed on the day prior to the effective date of this Act until the ad hoc committee's recommendations to the board of education take effect.

SECTION 6. If any provision of this Act relating to the commission on salaries, or the application thereof to any person or circumstance is held invalid due to the failure of a constitutional amendment that authorizes the commission on salaries to make salary recommendations for certain department of education personnel to be ratified pursuant to article XVII, section 3 of the Constitution of the State of Hawaii, the failure of the constitutional amendment's ratification shall not affect the other provisions or applications of the Act, including section 5 of this Act and the repeal of the salary caps specified under sections 1, 3, and 4 of this Act, which can be given effect without the ratification of the constitutional amendment, and to this end the provisions of this Act are severable.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2050; provided that:

(1) Section 5 of this Act shall be repealed on July 1, 2014; and

(2) If a constitutional amendment to article XVI, section 3.5 of the Constitution of the State of Hawaii that authorizes the commission on salaries to make salary recommendations for certain department of education personnel is not ratified by December 31, 2014, the salaries of the superintendent of education, deputy superintendent, assistant superintendents, complex area superintendents, and state librarian positions shall remain at the amounts recommended by the ad hoc committee established by section 5 of this Act and approved by the board of education to take effect on January 1, 2014.

THE SENATE	S.B. NO.	2281
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 1
STATE OF HAWAII