Bill Text: HI SB3074 | 2024 | Regular Session | Introduced
Bill Title: Relating To Employees' Retirement System Personnel.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-26 - Referred to LBT, WAM. [SB3074 Detail]
Download: Hawaii-2024-SB3074-Introduced.html
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THE SENATE |
S.B. NO. |
3074 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EMPLOYEES' RETIREMENT SYSTEM PERSONNEL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"(b) The civil service to which this chapter applies shall comprise all positions in the State now existing or hereafter established and embrace all personal services performed for the State, except the following:
(1) Commissioned and enlisted personnel of the Hawaii National Guard as such, and positions in the Hawaii National Guard that are required by state or federal laws or regulations or orders of the National Guard to be filled from those commissioned or enlisted personnel;
(2) Positions filled by persons employed by contract where the director of human resources development has certified that the service is special or unique or is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures. Any such contract may be for any period not exceeding one year;
(3) Positions that must be filled without delay to comply with a court order or decree if the director determines that recruitment through normal recruitment civil service procedures would result in delay or noncompliance, such as the Felix-Cayetano consent decree;
(4) Positions filled by the legislature or by either house or any committee thereof;
(5) Employees in the office of the governor and office of the lieutenant governor, and household employees at Washington Place;
(6) Positions filled by popular vote;
(7) Department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor or are required by law to be confirmed by the senate;
(8) Judges, referees, receivers, masters, jurors, notaries public, land court examiners, court commissioners, and attorneys appointed by a state court for a special temporary service;
(9) One bailiff for the chief justice of the supreme court who shall have the powers and duties of a court officer and bailiff under section 606-14; one secretary or clerk for each justice of the supreme court, each judge of the intermediate appellate court, and each judge of the circuit court; one secretary for the judicial council; one deputy administrative director of the courts; three law clerks for the chief justice of the supreme court, two law clerks for each associate justice of the supreme court and each judge of the intermediate appellate court, one law clerk for each judge of the circuit court, two additional law clerks for the civil administrative judge of the circuit court of the first circuit, two additional law clerks for the criminal administrative judge of the circuit court of the first circuit, one additional law clerk for the senior judge of the family court of the first circuit, two additional law clerks for the civil motions judge of the circuit court of the first circuit, two additional law clerks for the criminal motions judge of the circuit court of the first circuit, and two law clerks for the administrative judge of the district court of the first circuit; and one private secretary for the administrative director of the courts, the deputy administrative director of the courts, each department head, each deputy or first assistant, and each additional deputy, or assistant deputy, or assistant defined in paragraph (16);
(10) First deputy and deputy attorneys general, the administrative services manager of the department of the attorney general, one secretary for the administrative services manager, an administrator and any support staff for the criminal and juvenile justice resources coordination functions, and law clerks;
(11) (A) Teachers, principals, vice-principals, complex area superintendents, deputy and assistant superintendents, other certificated personnel, no more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work;
(B) Effective July 1, 2003, teaching assistants,
educational assistants, bilingual/bicultural school-home assistants, school
psychologists, psychological examiners, speech pathologists, athletic health
care trainers, alternative school work study assistants, alternative school
educational/supportive services specialists, alternative school project
coordinators, and communications aides in the department of education;
(C) The special assistant to the state librarian
and one secretary for the special assistant to the state librarian; and
(D) Members of the faculty of the University of
Hawaii, including research workers, extension agents, personnel engaged in
instructional work, and administrative, professional, and technical personnel
of the university;
(12) Employees engaged in special, research, or demonstration projects approved by the governor;
(13) (A) Positions filled by inmates, patients of state institutions, persons with severe physical or mental disabilities participating in the work experience training programs;
(B) Positions filled with students in accordance
with guidelines for established state employment programs; and
(C) Positions that provide work experience training or temporary public service employment that are filled by persons entering the workforce or persons transitioning into other careers under programs such as the federal Workforce Investment Act of 1998, as amended, or the Senior Community Service Employment Program of the Employment and Training Administration of the United States Department of Labor, or under other similar state programs;
(14) A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;
(15) Positions filled by persons employed on a fee, contract, or piecework basis, who may lawfully perform their duties concurrently with their private business or profession or other private employment and whose duties require only a portion of their time, if it is impracticable to ascertain or anticipate the portion of time to be devoted to the service of the State;
(16) Positions of first deputies or first
assistants of each department head appointed under or in the manner provided in
section 6, article V, of the Hawaii State Constitution; three additional
deputies or assistants either in charge of the highways, harbors, and airports
divisions or other functions within the department of transportation as may be
assigned by the director of transportation, with the approval of the governor; one additional deputy in
the department of human services either in charge of welfare or other functions
within the department as may be assigned by the director of human services; four additional deputies in the department of health, each
in charge of one of the following: behavioral health, environmental health,
hospitals, and health resources administration, including other functions
within the department as may be assigned by the director of health, with the
approval of the governor; two additional deputies in charge of the law
enforcement programs, administration, or other functions within the department
of law enforcement as may be assigned by the director of law enforcement, with
the approval of the governor; three additional deputies each in charge of the
correctional institutions, rehabilitation services and programs, and administration
and other functions within the department of corrections and rehabilitation as
may be assigned by the director of corrections and rehabilitation, with the
approval of the governor; an administrative assistant to the state librarian;
and an administrative assistant to the superintendent of education;
(17) Positions specifically exempted from this part by any other law; provided that:
(A) Any exemption created after July 1, 2014, shall expire three years after its enactment unless affirmatively extended by an act of the legislature; and
(B) All of the positions defined by paragraph (9) shall be included in the position classification plan;
(18) Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects;
(19) Household employees at the official residence
of the president of the University of Hawaii;
(20) Employees in the department of education
engaged in the supervision of students during meal periods in the distribution,
collection, and counting of meal tickets, and in the cleaning of classrooms
after school hours on a less than half-time basis;
(21) Employees hired under the tenant hire program
of the Hawaii public housing authority; provided that not more than twenty-six
per cent of the authority's workforce in any housing project maintained or
operated by the authority shall be hired under the tenant hire program;
(22) Positions of the federally funded expanded food
and nutrition program of the University of Hawaii that require the hiring of
nutrition program assistants who live in the areas they serve;
(23) Positions filled by persons with severe
disabilities who are certified by the state vocational rehabilitation office
that they are able to perform safely the duties of the positions;
(24) The sheriff;
(25) A gender and other fairness coordinator hired
by the judiciary;
(26) Positions in the Hawaii National Guard youth
and adult education programs;
(27) In the state energy office in the department
of business, economic development, and tourism, all energy program managers,
energy program specialists, energy program assistants, and energy analysts;
(28) Administrative appeals hearing officers in the
department of human services;
(29) In the Med-QUEST division of the department of
human services, the division administrator, finance officer, health care
services branch administrator, medical director, and clinical standards
administrator;
(30) In the director's office of the department of
human services, the enterprise officer, information security and privacy
compliance officer, security and privacy compliance engineer, security and
privacy compliance analyst,
information technology implementation manager, assistant information technology
implementation manager, resource manager, community/project development
director, policy director, special assistant to the director, and limited
English proficiency project manager/coordinator;
(31) The Alzheimer's disease and related dementia
services coordinator in the executive office on aging;
(32) In the Hawaii emergency management agency, the
executive officer, public information officer, civil defense administrative
officer, branch chiefs, and emergency operation center state warning point
personnel; provided that for state warning point personnel, the director shall
determine that recruitment through normal civil service recruitment procedures
would result in delay or noncompliance;
(33) The
executive director and seven full-time administrative positions of the school
facilities authority;
(34) Positions
in the Mauna Kea stewardship and oversight authority;
(35) In
the office of homeland security of the department of law enforcement, the
statewide interoperable communications coordinator; [and
[](36)[]] In the social services division of the
department of human services, the business technology analyst[.]; and
(37) In the employees' retirement system of the State of Hawaii, the deputy executive director, the chief compliance officer, and branch managers; provided that nothing in this paragraph shall be deemed to affect the civil service status of any incumbent in the deputy executive director position or branch manager positions at the time of enactment.
The director shall determine the applicability of this section to specific positions.
Nothing in this section shall be deemed to affect the civil
service status of any incumbent as it existed on July 1, 1955."
SECTION 2. Statutory material to be repealed is bracketed and stricken. Statutory material to be added is underlined.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
ERS; Personnel; Civil Service; Exemption
Description:
Amends section 76-16(b), Hawaii Revised Statues, to exempt the Deputy Executive Director, Chief Compliance Officer, and branch managers of the Employees' Retirement System of the State of Hawaii from civil service.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
