Bill Text: HI HB1816 | 2010 | Regular Session | Introduced
Bill Title: Salaries
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1816 Detail]
Download: Hawaii-2010-HB1816-Introduced.html
Report Title:
Salaries
Description:
Reduces by 5 percent the current salaries of certain employees of the executive, legislative, and judicial branches. Freezes salaries of such employees for fiscal years 2009 and 2010.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1816 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to salaries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Pursuant to Article XVI, section 3.5, of the Hawaii Constitution, salaries for certain members of the judicial, executive, and legislative branches "established pursuant to this section shall not be decreased during a term of office, unless by general law applying to all salaried officers of the State."
SECTION 2. Section 26-51, Hawaii Revised Statutes, is amended to read as follows:
"§26-51 Governor; lieutenant governor. Effective at noon on December 4, 2006, the salaries of the governor and the lieutenant governor shall be as last recommended by the executive salary commission. Effective July 1, 2007, and every six years thereafter, the salaries of the governor and lieutenant governor shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature. Notwithstanding the foregoing, the current salaries of the governor and the lieutenant governor, as of January 2, 2009, shall be reduced by five per cent, effective on , and their salaries shall be set at this level through June 30, 2011."
SECTION 3. Section 26-52, Hawaii Revised Statutes, is amended to read as follows:
"§26-52 Department heads and executive officers. The salaries of the following state officers shall be as follows:
(1) The salary of the superintendent of education shall be set by the board of education at a rate no greater than $150,000 a year;
(2) The salary of the president of the University of Hawaii shall be set by the board of regents;
(3) Effective July 1, 2004, the salaries of all 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 shall be as last recommended by the executive salary commission. Notwithstanding the foregoing, the current salaries, as of January 2, 2009, of all employees subject to this paragraph shall be reduced by five per cent, effective on , and their salaries shall be set at this level through June 30, 2011. Effective July 1, 2007, and every six years thereafter, the salaries shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature; and
(4) The salary of the adjutant general shall be $85,302 a year. Effective July 1, 2007, and every six years thereafter, the salary of the adjutant general shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature, except that if the state salary is in conflict with the pay and allowance fixed by the tables of the regular army or air force of the United States, the latter shall prevail. Notwithstanding the foregoing, the current salary of the adjutant general, as of January 2, 2009, shall be reduced by five per cent, effective on , and the adjutant general's salary shall be set at this level through June 30, 2011."
SECTION 4. Section 26-53, Hawaii Revised Statutes, is amended to read as follows:
"§26-53 Deputies or assistants to department heads. Effective July 1, 2004, the salaries of deputies or assistants to the head of any department of the State, other than the department of education, shall be within the range or ranges for the specific positions as last recommended by the executive salary commission. Effective July 1, 2007, and every six years thereafter, the salaries shall be as last recommended by the commission on salaries and specified by the appointing official, if appropriate, pursuant to section 26-56, unless rejected by the legislature. Notwithstanding the foregoing, the current salaries of deputies or assistants to the head of any department of the State, other than the department of education, as of January 2, 2009, shall be reduced by five per cent, effective on , and their salaries shall be set at this level through June 30, 2011."
SECTION 5. Section 26-54, Hawaii Revised Statutes, is amended to read as follows:
"§26-54 Administrative director of the State. Effective July 1, 2004, the salary of the administrative director of the State shall be as last recommended by the executive salary commission. Effective July 1, 2007, and every six years thereafter, the salary of the administrative director of the State shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature. Notwithstanding the foregoing, the current salary of the administrative director of the State, as of January 2, 2009, shall be reduced by five per cent, effective on , and the administrative director's salary shall be set at this level through June 30, 2011."
SECTION 6. Section 26-56, Hawaii Revised Statutes, is amended to read as follows:
"[[]§26-56[]]
Commission on salaries. (a) Pursuant to article XVI, section 3.5, 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 whom:
(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) Defense;
(8) Hawaiian home lands;
(9) Health;
(10) Human resources development;
(11) Human services;
(12) Labor and industrial relations;
(13) Land and natural resources;
(14) Public safety;
(15) Taxation; and
(16) 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 2007, 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 on 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 any change in salary which becomes effective shall not apply to the legislature to which the recommendation for the change in salary was submitted.
The governor shall include the salary amounts recommended by the commission and approved by the legislature for employees of the executive branch 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.
(e) Notwithstanding the foregoing provisions, the current salaries, as of January 2, 2009, of all employees subject to this section shall be reduced by five per cent, effective on , and their salaries shall be set at this level through June 30, 2011."
SECTION 7. Section 88-81, Hawaii Revised Statutes, is amended to read as follows:
"§88-81 Average final compensation. (a) Average final compensation is the average annual compensation pay or salary upon which a member has made contributions as required by parts II, VII, and VIII of this chapter.
(b) The average final compensation of members shall be calculated as follows:
(1) For employees who become members prior to January 1, 1971:
(A) During the member's five [highest paid]
highest-paid years of credited service, including vacation pay, or the
three [highest paid] highest-paid years of credited service,
excluding vacation pay, whichever is greater; or
(B) If the member has less than three years of credited service, during the member's actual years of credited service.
(2) For employees who become members on or after January 1, 1971:
(A) During the member's three [highest paid]
highest-paid years of credited service, excluding vacation pay; or
(B) If the member has less than three years of credited service, during the member's actual years of credited service.
(c) In computing the compensation of a judge, the compensation paid to the judge by the United States as well as by the Territory shall be included.
(d) For service rendered as a member of the legislature from and after November 5, 1968, the actual annual salary of a member shall be the only amount used for determining the member's average final compensation. For service rendered as a member of the legislature prior to November 5, 1968, and after admission of this State into the Union, the annual compensation of a member shall be computed, for the purpose of determining the member's average final compensation, as follows: during a year in which a general session was held, it shall be deemed to have been an amount equal to four times the salary of a member of the legislature for a general session; and during a year in which a budget session was held, it shall be deemed to have been an amount equal to six times the salary of a member of the legislature for a budget session. For service rendered as a member of the legislature prior to the admission of this State into the Union, the annual compensation of a member shall be deemed to have been four times the salary of a member of the legislature for a regular session for each year during the member's term of office.
(e) If a member has credited service rendered as an elective officer or as a legislative officer, the member's average final compensation shall be computed separately for each category of service as follows:
(1) For the three [highest paid] highest-paid
years of credited service as an elective officer, or if the member has less
than three years of credited service in that capacity, then the member's actual
years of credited service;
(2) For the three [highest paid] highest-paid
years of credited service as a legislative officer, or if the member has less
than three years of credited service in that capacity, then the member's actual
years of credited service;
(3) For the three [highest paid] highest-paid
years of credited service as a judge, or if the member has less than three
years of credited service in that capacity, then the member's actual years of
credited service; and
(4) For the three [highest paid] highest-paid
years of credited service not included in paragraph (1), (2), or (3), or if the
member has less than three years of credited service in that capacity, then the
member's actual years of credited service.
(f) Notwithstanding the foregoing provisions, the average final compensation for employees whose salaries were established pursuant to 26-56(d), 26-51, 26-52(3), 26-53, 26-54, 602-2, 602-52, 603-5, and 604-2.5, shall be calculated based on the salary schedules for July 1, 2007, through June 30, 2013, in effect on January 2, 2009, regardless of actual salaries paid to such employees during this period; provided that the application of this section does not reduce the calculation of their average final compensation.
SECTION 8. Section 602-2, Hawaii Revised Statutes, is amended to read as follows:
"§602-2 Salary, supreme court justices. Effective July 1, 2004, the salary of the chief justice of the supreme court and the salary of each associate justice of the supreme court shall be as last recommended by the judicial salary commission. Effective July 1, 2007, and every six years thereafter, the salary of the chief justice of the supreme court and the salary of each associate justice of the supreme court shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless disapproved by the legislature. Notwithstanding the foregoing, the current salary of the chief justice of the supreme court, and the salaries of each associate justice of the supreme court, as of January 2, 2009, shall be reduced by five per cent, effective on , and their salaries shall be set at this level through June 30, 2011."
SECTION 9. Section 602-52, Hawaii Revised Statutes, is amended to read as follows:
"§602-52 Salary. Effective July 1, 2004, the salary of the chief judge of the intermediate appellate court and the salary of each associate judge shall be as last recommended by the judicial salary commission. Effective July 1, 2007, and every six years thereafter, the salary of the chief judge of the intermediate appellate court and the salary of each associate judge shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless disapproved by the legislature. Notwithstanding the foregoing, the current salary of the chief judge of the intermediate appellate court and the salaries of each associate judge, as of January 2, 2009, shall be reduced by five per cent, effective on , and their salaries shall be set at this level through June 30, 2011."
SECTION 10. Section 603-5, Hawaii Revised Statutes, is amended to read as follows:
"§603-5 Salary of circuit court judges. Effective July 1, 2004, the salary of a circuit court judge shall be as last recommended by the judicial salary commission. Effective July 1, 2007, and every six years thereafter, the salary of each circuit court judge of the various circuit courts of the State shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless disapproved by the legislature. Notwithstanding the foregoing, the current salaries of the circuit court judges, as of January 2, 2009, shall be reduced by five per cent, effective on , and their salaries shall be set at this level through June 30, 2011."
SECTION 11. Section 604-2.5, Hawaii Revised Statutes, is amended to read as follows:
"§604-2.5 Salary of district judges. Effective July 1, 2004, the salary of a district court judge shall be as last recommended by the judicial salary commission. Effective July 1, 2007, and every six years thereafter, the salary of each district court judge of the various district courts of the State shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless disapproved by the legislature. Notwithstanding the foregoing, the current salaries of the district court judges, as of January 2, 2009, shall be reduced by five per cent, effective on , and their salaries shall be set at this level through June 30, 2011.
Whenever the chief justice appoints a district court judge of any of the various district courts of the State to serve temporarily as a circuit court judge of any of the various circuit courts of the State, the judge shall receive per diem compensation for the days on which actual service is rendered based on the monthly rate of compensation paid to a circuit court judge. For the purpose of determining per diem compensation in this section, a month shall be deemed to consist of twenty-one days."
SECTION 12. In sections 2, 3, 4, 5, 6, 8, 9, 10, and 11 of this Act, the revisor of statutes shall insert the date on which this Act takes effect.
SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 14. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
