BOE; Student Member

Clarifies that the student board of education member exempted
from civil service requirements is a voting member rather than a
nonvoting member.  Effective on approval of a constitutional
amendment making the student member a voting member.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 76-16, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "76-16  Civil service and exemptions.  The civil service to
 4 which this part applies shall comprise all positions in the State
 5 now existing or hereafter established and embrace all personal
 6 services performed for the State, except the following:
 7      (1)  Commissioned and enlisted personnel of the Hawaii
 8           national guard as such, and positions in the Hawaii
 9           national guard that are required by state or federal
10           laws or regulations or orders of the national guard to
11           be filled from those commissioned or enlisted
12           personnel;
13      (2)  Positions filled by persons employed by contract where
14           the director of human resources development has
15           certified that the service is special or unique or is
16           essential to the public interest and that, because of
17           circumstances surrounding its fulfillment, personnel to
18           perform the service cannot be obtained through normal

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                                     H.B. NO.           

 1           civil service recruitment procedures.  Any such
 2           contract may be for any period not exceeding one year;
 3      (3)  Positions of a temporary nature needed in the public
 4           interest where the need for the position does not
 5           exceed one year, but before any person may be employed
 6           to render the temporary service, the director shall
 7           certify that the service is of a temporary nature and
 8           that recruitment through normal civil service
 9           recruitment procedures is not practicable;
10      (4)  Positions filled by the legislature or by either house
11           or any committee thereof;
12      (5)  Employees in the office of the governor and household
13           employees at Washington Place;
14      (6)  Positions filled by popular vote;
15      (7)  Department heads, officers, and members of any board,
16           commission, or other state agency whose appointments
17           are made by the governor or are required by law to be
18           confirmed by the senate;
19      (8)  Judges, referees, receivers, masters, jurors, notaries
20           public, land court examiners, court commissioners, and
21           attorneys appointed by a state court for a special
22           temporary service;

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                                     H.B. NO.           

 1      (9)  One bailiff for the chief justice of the supreme court
 2           who shall have the powers and duties of a court officer
 3           and bailiff under section 606-14; one secretary or
 4           clerk for each justice of the supreme court, each judge
 5           of the intermediate appellate court, and each judge of
 6           the circuit court; one secretary for the judicial
 7           council; one deputy administrative director of the
 8           courts; three law clerks for the chief justice of the
 9           supreme court, two law clerks for each associate
10           justice of the supreme court and each judge of the
11           intermediate appellate court, one law clerk for each
12           judge of the circuit court, two additional law clerks
13           for the civil administrative judge of the circuit court
14           of the first circuit, two additional law clerks for the
15           criminal administrative judge of the circuit court of
16           the first circuit, one additional law clerk for the
17           senior judge of the family court of the first circuit,
18           two additional law clerks for the civil motions judge
19           of the circuit court of the first circuit, two
20           additional law clerks for the criminal motions judge of
21           the circuit court of the first circuit, and two law
22           clerks for the administrative judge of the district
23           court of the first circuit; and one private secretary

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                                     H.B. NO.           

 1           for the administrative director of the courts, the
 2           deputy administrative director of the courts, each
 3           department head, each deputy or first assistant, and
 4           each additional deputy, or assistant deputy, or
 5           assistant defined in paragraph (16);
 6     (10)  First deputy and deputy attorneys general, the
 7           administrative services manager of the department of
 8           the attorney general, one secretary for the
 9           administrative services manager, an administrator and
10           any support staff for the criminal and juvenile justice
11           resources coordination functions, and law clerks;
12     (11)  Teachers, principals, vice-principals, district
13           superintendents, chief deputy superintendents, other
14           certificated personnel, and not more than twenty
15           noncertificated administrative, professional, and
16           technical personnel not engaged in instructional work
17           in the department of education, the special assistant
18           to the state librarian, one secretary for the special
19           assistant to the state librarian, and members of the
20           faculty of the University of Hawaii, including research
21           workers, extension agents, personnel engaged in
22           instructional work, and administrative, professional,
23           and technical personnel of the university;

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                                     H.B. NO.           

 1     (12)  Employees engaged in special, research, or
 2           demonstration projects approved by the governor;
 3     (13)  Positions filled by inmates, kokuas, patients of state
 4           institutions, persons with severe physical or mental
 5           handicaps participating in the work experience training
 6           programs, and students and positions filled through
 7           federally funded programs that provide temporary public
 8           service employment such as the federal Comprehensive
 9           Employment and Training Act of 1973;
10     (14)  A custodian or guide at Iolani Palace, the Royal
11           Mausoleum, and Hulihee Palace;
12     (15)  Positions filled by persons employed on a fee,
13           contract, or piecework basis, who may lawfully perform
14           their duties concurrently with their private business
15           or profession or other private employment and whose
16           duties require only a portion of their time, if it is
17           impracticable to ascertain or anticipate the portion of
18           time to be devoted to the service of the State;
19     (16)  Positions of first deputies or first assistants of each
20           department head appointed under or in the manner
21           provided in section 6, Article V, of the State
22           Constitution; three additional deputies or assistants
23           either in charge of the highways, harbors, and airports

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                                     H.B. NO.           

 1           divisions or other functions within the department of
 2           transportation as may be assigned by the director of
 3           transportation, with the approval of the governor; four
 4           additional deputies in the department of health, each
 5           in charge of one of the following:  behavioral health,
 6           environmental health, hospitals, and health resources
 7           administration, including other functions within the
 8           department as may be assigned by the director of
 9           health, with the approval of the governor; an
10           administrative assistant to the state librarian; and an
11           administrative assistant to the superintendent of
12           education;
13     (17)  Positions specifically exempted from this part by any
14           other law; provided that all of the positions defined
15           by paragraph (9) shall be included in the position
16           classification plan;
17     (18)  Positions in the state foster grandparent program and
18           positions for temporary employment of senior citizens
19           in occupations in which there is a severe personnel
20           shortage or in special projects;
21     (19)  Household employees at the official residence of the
22           president of the University of Hawaii;

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                                     H.B. NO.           

 1     (20)  Employees in the department of education engaged in the
 2           supervision of students during lunch periods and in the
 3           cleaning of classrooms after school hours on a less
 4           than half-time basis;
 5     (21)  Employees hired under the tenant hire program of the
 6           housing and community development corporation of
 7           Hawaii; provided that not more than twenty-six per cent
 8           of the corporation's work force in any housing project
 9           maintained or operated by the corporation shall be
10           hired under the tenant hire program;
11     (22)  Positions of the federally funded expanded food and
12           nutrition program of the University of Hawaii that
13           require the hiring of nutrition program assistants who
14           live in the areas they serve;
15     (23)  Positions filled by severely handicapped persons who
16           are certified by the state vocational rehabilitation
17           office that they are able to perform safely the duties
18           of the positions;
19     (24)  One public high school student to be selected by the
20           Hawaii state student council as a [nonvoting] member
21           [on] of the board of education as authorized by the
22           State constitution;

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                                     H.B. NO.           

 1     (25)  Sheriff, first deputy sheriff, and second deputy
 2           sheriff; and
 3     (26)  A gender and other fairness coordinator hired by the
 4           judiciary.
 5      The director shall determine the applicability of this
 6 section to specific positions.
 7      Nothing in this section shall be deemed to affect the civil
 8 service status of any incumbent as it existed on July 1, 1955."
 9      SECTION 2.  Statutory material to be repealed is bracketed.
10 New statutory material is underscored.
11      SECTION 3.  This Act shall take effect upon its approval and
12 upon the ratification by the electorate of a constitutional
13 amendment allowing the student member of the board of education
14 to vote.
16                           INTRODUCED BY:_________________________