Civil Service Exempt.

Extends civil service exemption to less than half-time DOE
employes who supervise students during meal times, distribute,
collect, and count tickets.  (SD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 76-16, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "76-16  Civil service and exemptions.  The civil service to
 4 which this part applies shall comprise all positions in the State
 5 now existing or hereafter established and embrace all personal
 6 services performed for the State, except the following:
 7      (1)  Commissioned and enlisted personnel of the Hawaii
 8           national guard as such, and positions in the Hawaii
 9           national guard that are required by state or federal
10           laws or regulations or orders of the national guard to
11           be filled from those commissioned or enlisted
12           personnel;
13      (2)  Positions filled by persons employed by contract where
14           the director of human resources development has
15           certified that the service is special or unique or is
16           essential to the public interest and that, because of
17           circumstances surrounding its fulfillment, personnel to
18           perform the service cannot be obtained through normal
19           civil service recruitment procedures.  Any such

Page 2                                                     1275
                                     S.B. NO.           S.D. 1

 1           contract may be for any period not exceeding one year;
 2      (3)  Positions of a temporary nature needed in the public
 3           interest where the need for the position does not
 4           exceed one year, but before any person may be employed
 5           to render the temporary service, the director shall
 6           certify that the service is of a temporary nature and
 7           that recruitment through normal civil service
 8           recruitment procedures is not practicable;
 9      (4)  Positions filled by the legislature or by either house
10           or any committee thereof;
11      (5)  Employees in the office of the governor and household
12           employees at Washington Place;
13      (6)  Positions filled by popular vote;
14      (7)  Department heads, officers, and members of any board,
15           commission, or other state agency whose appointments
16           are made by the governor or are required by law to be
17           confirmed by the senate;
18      (8)  Judges, referees, receivers, masters, jurors, notaries
19           public, land court examiners, court commissioners, and
20           attorneys appointed by a state court for a special
21           temporary service;
22      (9)  One bailiff for the chief justice of the supreme court
23           who shall have the powers and duties of a court officer

Page 3                                                     1275
                                     S.B. NO.           S.D. 1

 1           and bailiff under section 606-14; one secretary or
 2           clerk for each justice of the supreme court, each judge
 3           of the intermediate appellate court, and each judge of
 4           the circuit court; one secretary for the judicial
 5           council; one deputy administrative director of the
 6           courts; three law clerks for the chief justice of the
 7           supreme court, two law clerks for each associate
 8           justice of the supreme court and each judge of the
 9           intermediate appellate court, one law clerk for each
10           judge of the circuit court, two additional law clerks
11           for the civil administrative judge of the circuit court
12           of the first circuit, two additional law clerks for the
13           criminal administrative judge of the circuit court of
14           the first circuit, one additional law clerk for the
15           senior judge of the family court of the first circuit,
16           two additional law clerks for the civil motions judge
17           of the circuit court of the first circuit, two
18           additional law clerks for the criminal motions judge of
19           the circuit court of the first circuit, and two law
20           clerks for the administrative judge of the district
21           court of the first circuit; and one private secretary
22           for the administrative director of the courts, the
23           deputy administrative director of the courts, each

Page 4                                                     1275
                                     S.B. NO.           S.D. 1

 1           department head, each deputy or first assistant, and
 2           each additional deputy, or assistant deputy, or
 3           assistant defined in paragraph (16);
 4     (10)  First deputy and deputy attorneys general, the
 5           administrative services manager of the department of
 6           the attorney general, one secretary for the
 7           administrative services manager, an administrator and
 8           any support staff for the criminal and juvenile justice
 9           resources coordination functions, and law clerks;
10     (11)  Teachers, principals, vice-principals, district
11           superintendents, chief deputy superintendents, other
12           certificated personnel, and not more than twenty
13           noncertificated administrative, professional, and
14           technical personnel not engaged in instructional work
15           in the department of education, the special assistant
16           to the state librarian, one secretary for the special
17           assistant to the state librarian, and members of the
18           faculty of the University of Hawaii, including research
19           workers, extension agents, personnel engaged in
20           instructional work, and administrative, professional,
21           and technical personnel of the university;
22     (12)  Employees engaged in special, research, or
23           demonstration projects approved by the governor;

Page 5                                                     1275
                                     S.B. NO.           S.D. 1

 1     (13)  Positions filled by inmates, kokuas, patients of state
 2           institutions, persons with severe physical or mental
 3           handicaps participating in the work experience training
 4           programs, and students and positions filled through
 5           federally funded programs that provide temporary public
 6           service employment such as the federal Comprehensive
 7           Employment and Training Act of 1973;
 8     (14)  A custodian or guide at Iolani Palace, the Royal
 9           Mausoleum, and Hulihee Palace;
10     (15)  Positions filled by persons employed on a fee,
11           contract, or piecework basis, who may lawfully perform
12           their duties concurrently with their private business
13           or profession or other private employment and whose
14           duties require only a portion of their time, if it is
15           impracticable to ascertain or anticipate the portion of
16           time to be devoted to the service of the State;
17     (16)  Positions of first deputies or first assistants of each
18           department head appointed under or in the manner
19           provided in section 6, Article V, of the State
20           Constitution; three additional deputies or assistants
21           either in charge of the highways, harbors, and airports
22           divisions or other functions within the department of
23           transportation as may be assigned by the director of

Page 6                                                     1275
                                     S.B. NO.           S.D. 1

 1           transportation, with the approval of the governor; four
 2           additional deputies in the department of health, each
 3           in charge of one of the following:  behavioral health,
 4           environmental health, hospitals, and health resources
 5           administration, including other functions within the
 6           department as may be assigned by the director of
 7           health, with the approval of the governor; an
 8           administrative assistant to the state librarian; and an
 9           administrative assistant to the superintendent of
10           education;
11     (17)  Positions specifically exempted from this part by any
12           other law; provided that all of the positions defined
13           by paragraph (9) shall be included in the position
14           classification plan;
15     (18)  Positions in the state foster grandparent program and
16           positions for temporary employment of senior citizens
17           in occupations in which there is a severe personnel
18           shortage or in special projects;
19     (19)  Household employees at the official residence of the
20           president of the University of Hawaii;
21     (20)  Employees in the department of education engaged in the
22           supervision of students during [lunch] meal periods, in
23           the distribution, collection, and counting of meal

Page 7                                                     1275
                                     S.B. NO.           S.D. 1

 1           tickets, and in the cleaning of classrooms after school
 2           hours on a less than half-time basis;
 3     (21)  Employees hired under the tenant hire program of the
 4           housing and community development corporation of
 5           Hawaii; provided that not more than twenty-six per cent
 6           of the corporation's work force in any housing project
 7           maintained or operated by the corporation shall be
 8           hired under the tenant hire program;
 9     (22)  Positions of the federally funded expanded food and
10           nutrition program of the University of Hawaii that
11           require the hiring of nutrition program assistants who
12           live in the areas they serve;
13     (23)  Positions filled by severely handicapped persons who
14           are certified by the state vocational rehabilitation
15           office that they are able to perform safely the duties
16           of the positions;
17     (24)  One public high school student to be selected by the
18           Hawaii state student council as a nonvoting member on
19           the board of education as authorized by the State
20           Constitution;
21     (25)  Sheriff, first deputy sheriff, and second deputy
22           sheriff; and
23     (26)  A gender and other fairness coordinator hired by the

Page 8                                                     1275
                                     S.B. NO.           S.D. 1

 1           judiciary.
 2      The director shall determine the applicability of this
 3 section to specific positions.
 4      Nothing in this section shall be deemed to affect the civil
 5 service status of any incumbent as it existed on July 1, 1955."
 6      SECTION 2.  Statutory material to be repealed is bracketed.
 7 New statutory material is underscored.
 8      SECTION 3.  This Act shall take effect upon its approval.