HB318

SECTION 1. The legislature finds that county police commissions, fire commissions, liquor commissions, and other county boards, commissions, authorities, and committees having oversight and supervisory powers are vital to county operations. The legislature also finds that members of these entities are unpaid, in spite of the hard work that they do. The legislature believes that these professionals and experts should be provided some level of compensation for their efforts. The legislature also notes that there have been instances of fraud because certain nefarious individuals were appointed to serve as members of these entities, and used their positions in an unethical manner. To prevent reoccurrence, the legislature finds that the counties should offer reasonable compensation to attract qualified, ethical candidates to serve in these positions.

The purpose of this Act is to:

(1) Require each county to establish rates of compensation for members of certain qualifying county boards, commissions, authorities, and committees;

(2) Require each county to submit a report to the legislature regarding the county's compliance with this Act; and

(3) Appropriate moneys to each county for the purpose of providing the State's share of the cost component associated with providing the compensation required by this Act.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§46- Members of county boards; compensation. (a) No later than , each county shall enact an ordinance, or the applicable political subdivision of the county shall adopt rules pursuant to chapter 91, with respect to the compensation of the members of qualifying county boards. Specifically, the ordinance or rules, among other requirements, prohibitions, or provisions that may be included by the county or its political subdivision, shall:

(1) Establish that each member of a qualifying county board appointed after shall be compensated at:

(A) The per diem rate or other rate, if any, at which members of federal boards, commissions, authorities, or committees are typically compensated; or

(B) A rate of $ per hour,

whichever leads to a higher rate of pay per day; and

(2) Address whether each qualifying member shall be considered an employee of the respective county.

(b) For the purposes of this section:

"Board" means any board, commission, authority, or committee of a county.

"Qualifying county board" means any board that is created to have supervision, control, jurisdiction, or oversight power over specific matters and that is required to conduct meetings and to take official actions. "Qualifying county board" does not include any board that serves solely in an advisory capacity, or any county council."

SECTION 3. No later than twenty days prior to the convening of the regular session of 2024, the mayor of each county shall submit to the legislature a report of the status of the county's compliance with this Act.

SECTION 4. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the purpose of providing the State's share of the cost component associated with providing the compensation to members of qualifying county boards required pursuant to this Act.

The sums appropriated shall be expended by the city and county of Honolulu for the purposes of this Act.

SECTION 5. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the purpose of providing the State's share of the cost component associated with providing the compensation to members of qualifying county boards required pursuant to this Act.

The sums appropriated shall be expended by the county of Hawaii for the purposes of this Act.

SECTION 6. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the purpose of providing the State's share of the cost component associated with providing the compensation to members of qualifying county boards required pursuant to this Act.

The sums appropriated shall be expended by the county of Maui for the purposes of this Act.

SECTION 7. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the purpose of providing the State's share of the cost component associated with providing the compensation to members of qualifying county boards required pursuant to this Act.

The sums appropriated shall be expended by the county of Kauai for the purposes of this Act.

SECTION 8. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	318
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII