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THE SENATE

S.B. NO.

1155

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD.

 

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

SECTION 1. 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]. Each member of the board 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 January 1, 1989, and January 1, 1990, the salary of the chairperson of the board shall be set by the governor within the range from $69,748 to $74,608 and $72,886 to $77,966 a year, respectively, and the salary of each of the other members shall be ninety-five per cent of the chairperson's salary."

SECTION 2. Section 371-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) A decision concurred in by any two members shall constitute a decision of the board[.]; except that the chairperson may assign cases to individual board members to conduct hearings de novo on cases on appeal to the board. The board member shall hear the case and issue a recommended decision. Parties to the proceeding adversely affected by the recommended decision may file exceptions to the board which shall render the final decision. As assigned by the chairperson, motions other than motions for summary judgment and motions to dismiss before the board may be heard and decided by one member of the board."

SECTION 3. Section 371-4, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) The chairperson of the appeal board shall be responsible for the administrative functions of the appeal board. The appeal board may:

(1) Appoint an executive officer and employ other employees as it deems necessary in the performance of its functions;

(2) Appoint hearings officers, including members of the Hawaii labor relations board, not subject to chapters 76, 77, and 89, to hear and recommend decisions on appeals under chapter 386 and other labor laws subject to the jurisdiction of the appeal board;

[(2)] (3) Set the duties and compensation of the executive officer and employees; and

[(3)] (4) Provide for the reimbursement of actual and necessary expenses incurred by the executive officer and employees in the performance of their duties, within the amounts made available by appropriations therefor.

Members of the appeal board and employees other than clerical and stenographic employees shall be exempt from chapters 76, 77, and 89. Clerical and stenographic employees shall be employed in accordance with chapters 76 and 77."

SECTION 4. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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