Report Title:

Compensation of Officials in the Executive Branch of the State Government

Description:

Establishes an executive salary commission to review and recommend the salaries of the Governor, the Lieutenant Governor, the department heads of the Executive Branch, executive officers, and the deputy department heads. Provides that commission convene in the month of November 2003, and convene every eight years thereafter and that recommendations be made to the legislature. (SB1332 HD1)

THE SENATE

S.B. NO.

1332

TWENTY-SECOND LEGISLATURE, 2003

S.D. 2

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

relating to the compensation of officials in the executive branch of state government.

 

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

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

"§26- 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 appointed by the governor pursuant to section 26-34; provided that one member shall be appointed from a list of nominees submitted by the president of the senate, one member shall be appointed from a list of nominees submitted by the speaker of the house of representatives, and one member shall be appointed from a list of nominees submitted by the chief justice of the supreme court; and provided further that 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; and provided further that the salary for a particular position shall be specified within the applicable range by the appointing official.

(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 recommended salaries submitted by the commission shall become effective July 1 of the next fiscal year unless:

(1) 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; or

(2) The governor disapproves the salary recommendations of the commission by a message of disapproval transmitted to the legislature prior to adjournment sine die,

except that, pursuant to section 3 of article V of the State Constitution, the salaries of the governor and the lieutenant governor shall not be increased or decreased for their respective terms and the new salaries shall not take effect until the beginning of the next term for those offices, unless the new salaries are rejected by the legislature as set forth in this section. The new salary determinations shall be included by the governor as part of the executive budget."

SECTION 2. Section 26-51, Hawaii Revised Statutes, is amended to read as follows:

"§26-51 Governor; lieutenant governor. Effective January 1, 1989, and January 1, 1990, the salary of the governor of the State shall be $90,699 and $94,780 a year, respectively. Effective January 1, 1989, and January 1, 1990, the salary of the lieutenant governor shall be $86,164 and $90,041 a year, respectively[.], and, effective at noon on December 4, 2006, and every eight years thereafter, the salaries of the governor and the lieutenant governor shall be as last recommended by the executive salary commission pursuant to section 26- , unless rejected by the legislature."

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) 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 $85,302 a year[;] and, effective July 1, 2004, and every eight years thereafter, shall be as last recommended by the executive salary commission pursuant to section 26- , unless rejected by the legislature; and

(4) The salary of the adjutant general shall be $85,302 a year[; provided] and, effective July 1, 2004, and every eight years thereafter, shall be as last recommended by the executive salary commission pursuant to section 26- unless rejected by the legislature, except that if [this] 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."

SECTION 4. Section 26-53, Hawaii Revised Statutes, is amended to read as follows:

"§26-53 Deputies or assistants to department heads. (a) [Effective January 1, 1989, and January 1, 1990, the] The salaries of deputies or assistants to the head of any department of the State, other than the department of education, shall be set by the governor within the range from $69,748 to $74,608 and $72,886 to $77,966 a year, effective January 1, 1989, and January 1, 1990, respectively[.], and, effective July 1, 2004, and every eight years thereafter, within the range or ranges for the specific positions as last recommended by the executive salary commission pursuant to section 26- , unless rejected by the legislature.

(b) [Effective January 1, 1989, and January 1, 1990, the] The salary of the deputy to the superintendent of education shall be $81,629 and $85,302 a year, effective January 1, 1989, and January 1, 1990, respectively[.], and, effective July 1, 2004, and every eight years thereafter, shall be as last recommended by the executive salary commission pursuant to section 26-    , unless rejected by the legislature."

SECTION 5. Section 26-54, Hawaii Revised Statutes, is amended to read as follows:

"§26-54 Administrative director of the State. Effective January 1, 1989, and January 1, 1990, the salary of the administrative director of the State shall be $86,164 and $90,041 a year, respectively[.] and, effective July 1, 2004, and every eight years thereafter, shall be as last recommended by the executive salary commission pursuant to section 26- , unless rejected by the legislature."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2020.