Report Title:

Legislative Agencies; Salary Adjustments

 

Description:

Provides salary adjustments for the auditor, director of legislative reference bureau, ombudsman, and their assistants.

 

 

HOUSE OF REPRESENTATIVES

H.B. NO.

826

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LEGISLATIVE AGENCIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Purpose. The purpose of this Act is to provide salary adjustments for the auditor, the auditor's assistant, the director of the legislative reference bureau and the director's assistants, and the ombudsman and the ombudsman's first assistant.

The salaries for these positions have not been changed for eleven years, since 1990. This despite the fact that salaries of state employees have increased an average of twenty-four per cent during the same period. The Legislature finds that the salaries of these important positions need to be adjusted in the manner provided herein.

SECTION 2. Chapter 23, Hawaii Revised Statutes, is amended as follows:

1. Section 23-3 is amended to read:

"§23-3 Salary of the auditor and appropriations. The salary of the auditor shall be fixed by the legislature and shall not be diminished during the auditor's term of office. Effective [January 1, 1989, and January 1, 1990,] July 1, 2001, the salary of the auditor shall be [$81,629 and $85,302 a year, respectively.] $           a year.

The funds for the support of the auditor's office shall be provided for in the act providing for the expenses of the legislature."

2. Section 23-8 is amended to read:

"§23-8 Assistance and staff. In the performance of the auditor's duties, the auditor may employ the services of one or more certified public accountants or accounting firms, and such other assistants and clerical workers as may be necessary, provided the cost thereof shall not exceed such sums as may be available out of the appropriation provided by law for the conduct of the auditor's office and provided further that such accountants, firms, and assistants are entirely independent of the departments, offices, and agencies of the State and its political subdivisions whose affairs are subject to audit by the auditor. All employees shall be hired by the auditor subject to the approval of the president of the senate and the speaker of the house of representatives and shall serve at the auditor's pleasure; provided that in the establishment of the salary of each employee the auditor shall consult with the department of human resources development and shall follow as closely as possible the recommendations of the department; and provided further that effective [January 1, 1989, and January 1, 1990,] July 1, 2001, the salary of the first assistant or first deputy shall [be $69,748 and $72,886 a year, respectively.] $           a year. The auditor and the auditor's full-time staff shall be entitled to participate in any employee benefit program privileges."

SECTION 3. Chapter 23G, Hawaii Revised Statutes, is amended as follows:

1. Section 23G-1 is amended to read:

"§23G-1 Legislative reference bureau; director, appointment, tenure, removal, compensation, vacancy. The office of the legislative reference bureau is established. The legislature, by a majority vote of each house in joint session, shall appoint a director for the bureau who shall serve for a period of six years and thereafter until a successor shall have been appointed. The legislature, by two-thirds vote of the members in joint session, may remove or suspend the director from office, but only for neglect of duty, misconduct, or disability.

If the director dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the first assistant to the director shall become the acting director until a new director is appointed.

Effective [January 1, 1989, and January 1, 1990,] July 1, 2001, the salary of the director shall be [$81,629 and $85,302 a year, respectively.] $           a year. The salary of the director shall not be diminished during the director's term of office, unless by general law applying to all salaried officers of the State."

2. Section 23G-2 is amended to read:

"§23G-2 Assistant; staff. The director shall appoint a first assistant and such other officers and employees as may be necessary to carry out the functions of the bureau. All employees, including the first assistant, shall be hired by the director and shall serve at the director's pleasure. In determining the salary of the employees of the bureau, the director shall consult with the department of human resources development; provided that, effective [January 1, 1989, and January 1, 1990,] July 1, 2001, the salary of the first assistant shall [be $69,748 and $72,886 a year, respectively.] $          a year. The director and the director's full-time staff shall be entitled to participate in any employee benefit program plan or privilege."

SECTION 4. Chapter 96, Hawaii Revised Statutes, is amended as follows:

1. Section 96-2 is amended to read:

"§96-2 Ombudsman; office established, appointment, tenure, removal, qualifications, salary, vacancy. The office of ombudsman is established. The legislature, by a majority vote of each house in joint session, shall appoint an ombudsman who shall serve for a period of six years and thereafter until a successor shall have been appointed. An ombudsman may be reappointed but may not serve for more than three terms. The legislature, by two-thirds vote of the members in joint session, may remove or suspend the ombudsman from office, but only for neglect of duty, misconduct, or disability.

No person may serve as ombudsman within two years of the last day on which the person served as a member of the legislature, or while the person is a candidate for or holds any other state office, or while the person is engaged in any other occupation for reward or profit. Effective [January 1, 1989, and January 1, 1990,] July 1, 2001, the salary of the ombudsman shall be [$81,629 and $85,302 a year, respectively.] $           a year. The salary of the ombudsman shall not be diminished during the ombudsman's term of office, unless by general law applying to all salaried officers of the State.

If the ombudsman dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the first assistant to the ombudsman becomes the acting ombudsman until a new ombudsman is appointed for a full term."

2. Section 96-3 is amended to read:

"§96-3 Assistance, staff, delegation, funding. The ombudsman shall appoint a first assistant and such other officers and employees as may be necessary to carry out this chapter. All employees, including the first assistant, shall be hired by the ombudsman and shall serve at the ombudsman's pleasure. In determining the salary of each such employee, the ombudsman shall consult with the department of human resources development and shall follow as closely as possible the recommendations of the department. Effective [January 1, 1989, and January 1, 1990,] July 1, 2001, the first assistant's salary shall [be $69,748 and $72,886 a year, respectively.] $           a year. The ombudsman and the ombudsman's full-time staff shall be entitled to participate in any employee benefit plan.

The ombudsman may delegate to the ombudsman's appointees any of the ombudsman's duties except those specified in sections 96-12 and 96-13; provided that during the absence of the ombudsman from the island of Oahu, or the ombudsman's temporary inability to exercise and discharge the powers and duties of the ombudsman's office, such powers and duties as contained in sections 96-12 and 96-13 shall devolve upon the first assistant during such absence or inability.

The funds for the support of the office of the ombudsman shall be provided for in the act providing for the expenses of the legislature."

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii to the legislative agencies indicated below the following sums, or so much thereof as may be necessary for fiscal year 2001-2002, to provide salary increases for the auditor and the auditor's assistants, the director of the legislative reference bureau and the director's assistants, the ombudsman and the ombudsman's first assistant:

Office of the auditor $1

Office of the legislative reference bureau $1

Ombudsman $1

The sums appropriated shall be expended by the office of the auditor, office of the legislative reference bureau, or office of the ombudsman, as applicable, for the purposes of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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