Report Title:

Salary Commission; Legislature; Executive Branch; Judiciary

Description:

Pursuant to a proposed constitutional amendment, establishes a commission on salaries to recommend the salary of the governor, lieutenant governor, the members of the legislature, justices and judges of all state courts, the administrative director of the State or an equivalent position, and the department heads or executive officers and the deputies or assistants to the department heads of all state departments. (SD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

1918

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

S.D. 2


 

A BILL FOR AN ACT

 

RELATING TO COMMISSION ON SALARIES.

 

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

SECTION 1. Chapter 26, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§26-   Commission on salaries. (a) Pursuant to article XVI, section      , of the Constitution of the State of Hawaii, there is established a commission on salaries within the department of human resources development, for administrative purposes only.

The commission shall consist of seven members of which:

(1) Two members shall be appointed by the governor;

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

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

(4) One member shall be appointed by the chief justice of the supreme court.

Vacancies in these positions shall be filled in the same manner. The members of the commission shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(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) Hawaiian home lands;

(8) Health;

(9) Human resources development;

(10) Human services;

(11) Labor and industrial relations;

(12) Land and natural resources;

(13) Public safety;

(14) Taxation; and

(15) 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.

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

(c) The commission may seek assistance from the department of human resources development and any other agency in conducting its review, and all agencies shall fully cooperate with the commission and provide any necessary information to the commission upon request.

(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 2008, and every six years thereafter, the commission shall submit a report of its findings and its salary recommendations to the legislature, through the governor. 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.

The governor shall include the salary amounts recommended by the commission and approved by the legislature 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 2. Section 26-55, Hawaii Revised Statutes, is repealed.

["[§26-55] Executive salary commission. (a) There is established within the department of human resources development, for administrative purposes only, the executive salary commission. The commission shall consist of five members. Two members shall be appointed by the president of the senate, two members shall be appointed by the speaker of the house of representatives, and one member shall be appointed by the chief justice of the supreme court. Vacancies in these positions shall be filled in the same manner. The members of the commission shall serve without compensation but shall be reimbursed for expenses necessary for the performance of their duties.

(b) The commission shall review the salaries of the governor, the lieutenant governor, the administrative director of the State, and the 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. The commission shall also review the salary of the deputy to the superintendent of education. The commission shall recommend an appropriate salary for the governor, the lieutenant governor, and each department head or executive officer, and appropriate salary ranges for the deputy department heads. 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.

(c) The commission may seek assistance from the department of human resources development and any other agency in conducting its review, and all agencies shall fully cooperate with the commission and provide any necessary information to the commission upon request.

(d) The commission shall convene in the month of November 2003, and every eight years thereafter. Not later than the fortieth legislative day of the regular session of 2004, and every eight years thereafter, the commission shall submit a report of its findings and its salary recommendations to the legislature, through the governor. The commission may include incremental increases that take effect over the span of years occurring 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, pursuant to section 3 of article V of the State Constitution, the salaries of the governor and the lieutenant governor shall not be decreased for their respective terms and the new salaries shall not take effect until the beginning of the next term for those offices. The governor shall include the salary amounts, recommended by the commission and approved by the legislature, in the executive budget. If the salary amounts recommended by the commission are disapproved by the legislature, the commission shall reconvene in the month of November 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 of the next regular session. The commission's reconvening following a legislative disapproval shall not toll the eight year cycle."]

SECTION 3. Section 608-1.5, Hawaii Revised Statutes, is repealed.

["§608-1.5 Judicial salary commission. (a) There shall be a judicial salary commission to review and determine the salaries of justices and judges of all state courts and appointed judiciary administrative officers. The judicial salary commission shall be attached to the judicial council for administrative purposes. The commission shall be composed of five members. One member shall be appointed by the governor, two members shall be appointed by the president of the senate, and two members shall be appointed by the speaker of the house of representatives; and provided further that vacancies in these positions shall be filled in the same manner. Members shall not receive compensation for their services, but shall be reimbursed for traveling and other expenses incidental to the performance of commission duties.

(b) The commission may seek assistance from any other agency in conducting its review and all agencies shall cooperate fully with the commission and provide any necessary information to the commission upon request. In determining the salaries of the justices and judges and appointed judiciary administrative officers, the commission may set different salaries for the chief justice of the supreme court, the associate justices of the supreme court, the chief judge of the intermediate appellate court, the associate judges of the intermediate appellate court, the judges of the circuit courts, and the judges of the district courts and different salaries or salary ranges for appointed administrative judiciary officers, with the salary for a particular position to be specified within the applicable range by the appointing official.

(c) The commission shall convene in the month of November 2003, and every eight years thereafter. Not later than the fortieth legislative day of the regular session of 2004, and every eight years thereafter, the commission shall submit a report of its findings and its salary recommendations to the legislature, through the chief justice. The commission's salary recommendations may include incremental increases that take effect over the span of years occurring 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 salary recommendations 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 pursuant to article VI, section 3 of the State Constitution, the salaries of justices and judges shall not be decreased during their respective terms of office. At the next regular legislative session, the salary amounts recommended by the commission, and not disapproved by the legislature, shall be submitted by the chief justice as part of the judiciary's proposed budget pursuant to the budgetary procedures specified in chapter 37 and section 601-2(c). If the salary amounts recommended by the commission are disapproved by the legislature, the commission shall reconvene in the month of November 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 of the next regular session. The commission's reconvening following a legislative disapproval shall not toll the eight year cycle."]

SECTION 4. 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 2006-2007, for the purposes of this Act. This amount shall be expended by the department of human resources development.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon ratification of a constitutional amendment establishing a salary commission to review and recommend salaries for the governor, lieutenant governor, legislators, justices and judges, the administrative director of the State, and department heads or executive officers and their deputies or assistants; provided that this Act shall take effect no earlier than January 1, 3000.