Report Title:

Legislative Officers; Salaries

Description:

Amends the salaries of officers of the legislative service agencies. (SD1)

THE SENATE

S.B. NO.

2718

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE COMPENSATION OF OFFICIALS IN THE LEGISLATIVE SERVICE AGENCIES.

 

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

SECTION 1. Section 23-3, Hawaii Revised Statutes, is amended to read as follows:

"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,] 2004, 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."

SECTION 2. Section 23-8, Hawaii Revised Statutes, is amended to read as follows:

"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] the 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,] 2004, 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. Section 23G-1, Hawaii Revised Statutes, is amended to read as follows:

"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,] 2004, 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."

SECTION 4. Section 23G-2, Hawaii Revised Statutes, is amended to read as follows:

"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,] 2004, 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 5. Section 96-2, Hawaii Revised Statutes, is amended to read as follows:

"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,] 2004, 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."

SECTION 6. Section 96-3, Hawaii Revised Statutes, is amended to read as follows:

"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,] 2004, 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] the 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 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2004-2005, for salary increases and retroactive salary payments to the office of the auditor, the legislative reference bureau, and the ombudsman in the following amounts:

Fiscal Year 2004-2005

Office of the Auditor $

Legislative Reference Bureau $

Office of the Ombudsman $

SECTION 8. The sums appropriated shall be expended by the office of the auditor, the legislative reference bureau, and the office of the ombudsman, respectively, for the purposes of this Act.

SECTION 9. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect on July 1, 2004.