Report Title:

Legislative service agencies; Salaries

Description:

Increases the salaries of officials in the legislative service agencies.

HOUSE OF REPRESENTATIVES

H.B. NO.

1265

TWENTY-THIRD LEGISLATURE, 2005

 

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. The legislature finds that present salaries of these legislative service agency heads and their deputies or first assistants have not been modified since 1990, resulting in grossly outdated salaries when compared to other public agency heads in state and county government and with other states as well. With respect to the salaries and pay of other employees of the State, since 1990:

(1) Public employees that are subject to collective bargaining agreements have received a pay raise or step increase in almost every single year;

(2) State judges received a salary increase in 2000 and are set to receive an additional salary increase at an average of fourteen per cent as of July 1, 2005, and will receive a 3.5 per cent annual increase thereafter until fiscal year 2012; and

(3) Executive department heads and their deputies received a pay increase in 2004, and will receive a two per cent annual increase thereafter until fiscal year 2012.

Additionally, the pay of the staff personnel in the legislative service agencies has generally increased along with the salaries or pay of public employees that are subject to collective bargaining. As a result some subordinates have received pay increases to the point where their pay either exceeds that of their supervisor, or is so close that the differential does not adequately compensate the supervisor for the additional responsibilities.

Given the services provided by these legislative service agencies to the legislature, other government agencies, and the general public, the retention and recruitment of skilled, qualified, and experienced administrators for these agencies is vital to the efficient functioning of the legislature and government as a whole. Consequently, fair compensation for these agency administrators is essential to maintain the high level of professional service expected of these legislative service agencies. After fifteen years, a pay increase is long overdue.

The legislature further finds that the salaries of the heads of the legislative service agencies were for many years, comparable to those in other branches of government. Until 1990, the year of their last increase, their salaries exceeded those of district court judges, and were identical to those of circuit court judges, executive department heads, and the administrative director of the courts.

The purpose of this Act is to fairly compensate the auditor, the ombudsman, and the director of the legislative reference bureau, and limiting the salaries of their deputies or first assistants to ninety per cent of the salaries of the agency heads.

SECTION 2. 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,] July 1, 2005, the salary of the auditor shall be [$81,629 and $85,302 a year, respectively.] the same as the salary of .

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 3. 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,] July 1, 2005, the salary of the first assistant or first deputy shall be [$69,748 and $72,886 a year, respectively.] not more than ninety per cent of the salary of the auditor. The auditor and the auditor's full-time staff shall be entitled to participate in any employee benefit program privileges."

SECTION 4. 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,] July 1, 2005, the salary of the director shall be [$81,629 and $85,302 a year, respectively.] the same as the salary of . 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 5. 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,] July 1, 2005, the salary of the first assistant shall be [$69,748 and $72,886 a year, respectively.] not more than ninety per cent of the salary of the director. The director and the director's full-time staff shall be entitled to participate in any employee benefit program plan or privilege."

SECTION 6. 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,] July 1, 2005, the salary of the ombudsman shall be [$81,629 and $85,302 a year, respectively.] the same as the salary of . 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 7. 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,] July 1, 2005, the first assistant's salary shall be [$69,748 and $72,886 a year, respectively.] not more than ninety per cent of the salary of the ombudsman. 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 8. 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 2005-2006 for salary increases for the agency heads and their deputies or first assistants in the office of the auditor, the legislative reference bureau, and the office of the ombudsman in the following amounts:

Fiscal Year 2005-2006

Office of the auditor $

Legislative reference bureau $

Office of the ombudsman $

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, 2005.

INTRODUCED BY:

_____________________________