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THE SENATE

S.B. NO.

1156

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE COMPENSATION OF ADMINISTRATIVE BOARD MEMBERS.

 

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

SECTION 1. In accordance with sections 37-92(b) and 37-92(h) of the Hawaii Revised Statutes, the governor has determined that the appropriations contained in this Act will cause the general fund appropriation ceiling of the executive branch to be exceeded in fiscal year 2001-2002 by $42,204 and 2002-2003 by $42,204. The reason for exceeding the executive general fund appropriation ceiling is to ensure that the public interest is served, and to meet the needs provided by this Act.

SECTION 2. Section 89-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is created a Hawaii labor relations board composed of three members of which (1) one member shall be representative of management, (2) one member shall be representative of labor, and (3) the third member, the chairperson, shall be representative of the public. All members shall be appointed by the governor for terms of six years each. Public employers and employee organizations representing public employees may submit to the governor for consideration names of persons representing their interests to serve as members of the board and the governor shall first consider these persons in selecting the members of the board to represent management and labor. 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 administration of this chapter, it is declared to be in the public interest to continue board members in office as long as efficiency is demonstrated, notwithstanding the provision of section 26-34, which limits the appointment of a member of a board or commission to two terms.

The members shall devote full time to their duties as members of the board. Effective [January 1, 1989, and January 1, 1990,] July 1, 2001, 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,] at $85,000 and the salary of each of the other members shall be ninety-five per cent of the chairperson's salary. No member shall hold any other public office or be in the employment of the State or a county, or any department or agency thereof, or any employee organization during the member's term.

Any action taken by the board shall be by a simple majority of the members of the board. All decisions of the board shall be reduced to writing and shall state separately its finding of fact and conclusions. Any vacancy in the board shall not impair the authority of the remaining members to exercise all the powers of the board. The governor may appoint an acting member of the board during the temporary absence from the State or the illness of any regular member. An acting member, during the acting member's term of service, shall have the same powers and duties as the regular member.

The chairperson of the board shall be responsible for the administrative functions of the board. The board may appoint an executive officer, mediators, members of fact-finding boards, arbitrators, and hearing officers, and employ other assistants as it may deem necessary in the performance of its functions, prescribe their duties, and fix their compensation and provide for reimbursement of actual and necessary expenses incurred by them in the performance of their duties within the amounts made available by appropriations therefor. Section 103D-209(b) notwithstanding, an attorney employed by the board as a full-time staff member may represent the board in litigation, draft legal documents for the board, and provide other necessary legal services to the board and shall not be deemed to be a deputy attorney general.

The board shall be within the department of labor and industrial relations for budgetary and administrative purposes only. The members of the board and employees other than clerical and stenographic employees shall be exempt from chapters 76, 77, and 89. Clerical and stenographic employees shall be appointed in accordance with chapters 76 and 77.

At the close of each fiscal year, the board shall make a written report to the governor of such facts as it may deem essential to describe its activities, including the cases and their dispositions, and the names, duties, and salaries of its officers and employees. Copies of the report shall be transmitted to the legislative bodies."

SECTION 3. Section 269-2, Hawaii Revised Statutes, is amended to by amending subsection (b) to read as follows:

"(b) Effective [January 1, 1989, and January 1, 1990,] July 1, 2001, the chairperson of the commission shall be paid a salary set [by the governor within the range of $69,748 to $74,608 and $72,886 to $77,966 a year, respectively,] at $85,000, and each of the other commissioners shall be paid a salary equal to ninety-five per cent of the chairperson's salary. The commissioners shall be exempt from chapters 76, 77, and 89 but shall be members of the state employees retirement system and shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State, including those under chapter 87.

The commission is placed within the department of budget and finance for administrative purposes."

SECTION 4. 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 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,] July 1, 2001, 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,] at $85,000, and the salary of each of the other members shall be ninety-five per cent of the chairperson's salary."

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $42,204, or so much thereof as may be necessary, for fiscal year 2001-2002, and the sum of $42,204, or so much thereof as may be necessary, for fiscal year 2002-2003 to carry out the purposes of this Act. The sums appropriated shall be expended by the department of labor and industrial relations.

SECTION 6. There is appropriated out of the public utilities commission special fund the sum of $21,102, or so much thereof as may be necessary, for fiscal year 2001-2002, and the sum of $21,102, or so much thereof as may be necessary, for fiscal year 2002-2003 to carry out the purposes of this Act. The sums appropriated shall be expended by the department of budget and finance.

SECTION 7. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:

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