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Authority record

Commission on Legislative Salary

  • Corporate body
  • 1971, 1975, 1978

The Hawaii State Constitution, as amended in 1968, authorized the creation of a legislative salary commission to recommend a salary plan for members of the State Legislature. Article III, Section 10, states:

"The members of the legislature shall receive allowances reasonably related to expenses and a salary, as prescribed by law. Any change in salary shall not apply to the legislature that enacted the same.

There shall be a commission on legislative salary, which shall be appointed by the governor on or before June 1, 1971, and every four years after the first commission is appointed. Within sixty days after its appointment the commission shall submit to the legislature recommendations for a salary plan for members of the legislature and then dissolved."

In compliance with this amendment, Commissions were formed in 1971 and 1975.

Another 1968 amendment to the Constitution set the salary of each member of the legislature at $12,000 a year, until otherwise provided by law (Article XII, Section 7).

In 1978 the Hawaii State Constitution was amended to establish a new 1978 Commission on Legislative Salary. Article III, Section 9, states:

"...There shall be a commission on legislative salary, which shall be appointed by the governor on or before November 30, 1978, and every eight years thereafter. Not later than the fortieth legislative day of the 1979 regular legislative session and every eight years thereafter, the commission shall submit to the legislature and the governor recommendations for a salary plan for members of the legislature, and then dissolve. The salary plan submitted shall become effective as provided in the plan unless the legislature disapproved the plan by adoption of a concurrent resolution prior to adjournment sine die of the legislative session in which the plan is submitted or the governor disapproves the plan by a message of disapproval transmitted to the legislature prior to such adjournment. Any change in salary which becomes effective shall not apply to the legislature to which the recommendation for the change in salary was submitted."

1971 Commission
The 1971 Commission members were D. Hebden Porteus, chairman, Dorothy Bremner, Stuart Ho, Andrew T.F. Ing, Walter Kupau, Momi Minn Lee, Roger MacArthur, Barney Menor, and Harold Shin, who replaced Eddie DeMello.

Five Commission meetings were held from June 9, 1971 to July 31, 1971. All meetings were in the Senate Majority Caucus Room of the State Capitol.

Public hearings were held at the State Capitol Auditorium on June 23, Leeward Community College on June 24, the Kauai Public Library in Lihue on July 1, Hilo College on July 7, Hale Halawai Park in Kailua-Kona on July 8, the State Office Building in Wailuku on July 14, and the State Capitol Auditorium on July 22, 1971.

The 1971 Commission recommended that the salary received by a legislator should vary according to his length of legislative service. The recommended salary would range from $12,000 for a legislator with 0-2 years of legislative service up to $15,000 for a legislator with 7 and over years of legislative service.

The Commission also recommended that the President of the Senate and the Speaker of the House of Representative should each receive an additional $3,000 annually.

These recommendations were never implemented. Each state legislator continued to receive an annual salary of $12,000.

1975 Commission
Patricia K. Putnam, chairperson, Edwin L. Carter, Van Horn Diamond, Robert G. Girald, Bishop Lani Hanchett, Michael Hare, Stuart Ho, Melvia Kawashima, Peter Lewis and Lena Reverio were the members of the 1975 Commission.

The Commission conducted seven business meetings during June and July, 1975. All meetings were in the State Capitol’s Senate Conference Room #5.

Ten public hearings were convened to receive testimony during June and July, 1975. Six hearings were on Oahu, two were on the Big Island and single hearings were held on Maui and Kauai.

The majority on the 1975 Commission recommended that each member of the legislature should receive an annual salary of $17,000 and, unlike the 1971 Commission, the majority on the Commission did not believe that a higher salary for the Speaker of the House of Representatives and the President of the Senate was warranted.

This recommended salary plan was never implemented.

1978 Commission
The members of the 1978 Commission were D. Hebden Porteus, chairman, Besty A. Castillo, Robert B. Crowell, Joseph J. Franco, Gerald Hennings, Jerry Hess, Richard Kosaki, Rev. Nelson Y.C. Kwon, Myrtle Mokiao, Connie Smales and Hannibal M. Tavares.

Seven Commission meetings were held in the Governor's Office Conference Room in the State Capitol during February and March, 1979.

Of a total of seven public hearings. three were held on Oahu, one on Kauai, one on Maui. and two on the island of Hawaii. All public hearings were conducted in February and March, 1979.

This Commission submitted to the 1979 State Legislature a salary plan with a regular portion and an optional incentive portion.

Under the regular portion of the salary plan the Commission proposed that, commencing after the General Election of 1980, each legislator would receive $13,650 per year; most of it to be paid during the months of February, March, and April. The Commission also proposed that after the General Election of 1984, the salary of a legislator should be $15,000 a year with amounts of $3,850 to be paid in February, March, and April and the remaining sum to be paid in equal amounts during the other nine months of the year.

The optional portion of the salary plan was to be voluntary on the part of the legislature. The idea behind the optional plan was that if the legislature could pass a Legislative Appropriations Act which cost less than the scheduled amount for proposed legislative budgets formulated by the Commission, then each legislator would receive a portion of the difference between the two amounts.

For a more complete explanation of the salary plan consult the Report of the 1978 Commission on Legislative Salary.

Because of the amendments to the State Constitution, adopted in 1978, unless the legislature or the governor disapproved, this recommended salary plan was to take effect. As neither the legislature nor the governor disapproved of the plan, the annual salary for a legislator increased from $12,000 to $13,650 after the General Election of 1980 and then increased to $15,600 after the General Election of 1984.

In 1984, the combined adoption of an amendment to Article III, Section 9 of the State Constitution and Act 171, Session Laws of Hawaii 1984 (which added Chapter 24 Section 24-1.5 to the Hawaii Revised Statutes) provided legal authorization to allow the annual salary of any legislator to be paid in equal amounts, beginning with the first pay period for state employees in November of the year the legislator is elected.

The next legislative salary commission is scheduled to be appointed by the Governor on or before November 30, 1986.

Commission on Organization of Government

  • Corporate body
  • 1975/1977-02-28

In 1974 the Governor's Ad Hoc Commission on Operations, Revenues and Expenditures (CORE) was formed to study means of lowering costs and raising the efficiency and accountability of the agencies of the State Government. The Ad Hoc Commission had concentrated upon examination of the organization of the government as it actually existed. On its termination, it recommended that a second commission be formed to analyze and expand upon the Ad Hoc Commission's findings.

The Commission on Organization of Government (COG) was created by Act 148 of the 8th Legislature, 1975 Session, in response to the Ad Hoc Commission's recommendation.

On March 18 and 25, 1976, the commission held a series of panel sessions organized according to the Delbecq method, attended by representatives from the State Government and citizens' groups, in order to bring out issues important to these groups, especially relating to the division of powers between State and County agencies. On July 14 through 24 a series of public hearings was held at Hilo, Captain Cook, Honolulu, Lihue and Kahului to present to the public and allow discussion on the proposals of the commission relating to State-County functions. A second series of public hearings, held at Hilo, Honolulu, Wailuku and Lihue, December 10 through 15, presented the commission's proposals on reorganization of the Executive Branch.

The Commission submitted its final Report to the 9th State Legislature on February 1, 1977. Its staff continued "to perform legal work preparing a bill reflecting the commission's recommendations to the Ninth State Legislature..." until February 28, 1977. (Authorization of extension of Agreement between COG and the University of Hawaii Research Corp., February 11, 1977.)

Commission on Population and the Hawaiian Future

  • Corporate body
  • 1973-1983

The commission was the successor of the Temporary Commission on Population Stabilization. It was created by Act 204, Session Laws of Hawaii (SLH) 1973 and codified as Chapter 224, Hawaii Revised Statutes.

It was part of the Office of the Governor from 1973-1980. In 1980 it was assigned to the Department of Planning and Economic Development for administrative purposes under Act 302, SLH 1980. It was dissolved in 1983 by Act 126, SLH 1983.

Commission on Public Accountancy

  • Corporate body
  • 1924-1929

The Commission in Public Accountancy, established in 1923, held its first meeting on May 24, 1924. The commission was given two years to complete its mission, but required extensions until 1929.

Commission on Sexual Orientation and the Law

  • Corporate body
  • 1994-1996

The Commission on Sexual Orientation and the Law (COSOL) was established by Act 217, Session Laws of Hawaii, 1994, primarily in response to the Hawaii Supreme Court opinion in Baehr v. Lewin, 74 Haw. 530, 852 P.2d 44 (1993). In Act 217 was a legislative finding that the marriage laws of Hawaii were intended for opposite sex couples only. It further found that any change to the marriage laws must come from either the legislature or a constitutional convention, not the judiciary.
Act 217 stated four purposes: to assert that the same-sex marriage question was one of policy, the exclusive purview of legislative bodies; to reiterate the intent of existing marriage law as applicable to male-female couples only; to assure that the state does not prevent religious organizations from solemnizing same-sex marriages; and to establish COSOL.
COSOL had three purposes: to "examine the precise legal and economic benefits extended to opposite-sex couples, but not to same-sex couples; [to] examine whether substantial public policy reasons exist to extend such benefits to same-sex couples and the reasons therefor; and [to] recommend appropriate action which may be taken by the legislature to extend such benefits to same-sex couples." COSOL was to submit a report of its findings not later than twenty days prior to the convening of the 1995 regular session.
COSOL of eleven members held its first meeting in November, 1994. Additional meeting were held, but only limited progress was made because of a court challenge to COSOL membership. Act 217 provided for COSOL to include members drawn from religious organizations. This provision was challenged in the U.S. District Court in McGivern, et al, vs. Waihee, et al (Civil no. 94-00843 HMF) as a violation of the constitutional prohibition of establishment of a religion. The challenge was upheld and in January, 1995, the four members of COSOL who were appointed from the Catholic Diocese and from the Church of Jesus Christ of Latter Day Saints were permanently enjoined by court order from further participation on COSOL. As a result, COSOL suspended operations and did not continue its work or submit its report as scheduled.
The 1995 legislature revised Act 217. By Act 5, Session Laws of Hawaii, 1995, the membership of COSOL excluded members from religious organizations, its purpose was reaffirmed and the deadline for submission of its report was extended by one year. In addition, it was mandated that COSOL cease to exist after July 1, 1996.
The new COSOL, conducted research and established a schedule to carry out its mission. It prepared a draft report by December, 1995, which was made public. It then held a public hearing and solicited public comments. The same-sex marriage issue was an emotional one with strongly held opinions, lacking middle ground. COSOL, and its report, reflected the community in its division into diametrically opposed views of the same issue.

Commission on the Year 2000

  • Corporate body
  • 1970-1981

The Commission on the Year 2000 was established by Act 96, Sess: 1 on Laws of Hawaiʻi 1970, which was signed by Gov. John A. Burns on June 16, 1970. The first commissioners were sworn in on March 23, 1971.

Commissioner of Public Lands

  • Corporate body
  • 1900-1959

By section 73 of the Hawaiian Organic Act of April 30, 1900.

The duties of the Commissioner of Public Lands were assumed by the Department of Land and Natural Resources by the Hawaii State Government Reorganization Act of 1959.

Commissioners of Boundaries

  • Corporate body
  • 1862-1932

In 1862, a "Commission of Boundaries" was established by Act (approved August 23, 1862) providing for the appointment by the Minister of the Interior, with approval of the King, of two persons in each Gubernatorial district for the term of five years.
The Commission would determine and certify boundaries for owners of ahupuaas and ilis whose lands had not been awarded by the land Commissioners, patented or conveyed by deed from the King or described by boundaries resulting from an award, patent or deed. These land owners were required to file with the Boundary Commissioners within four years from the passage of the Act.
The Minister of the Interior could no longer issue any patent on awards made by the Commissioners to Quiet Land Titles, without the boundaries being officially decided by the Commissioners of Boundaries.
In July 1866 (by Act), the Commission membership changed and the 1st Associate Justice of the Supreme Court became the sole Commissioner of Boundaries.
The Act was revised (June 22, 1868) so that no more than one Commissioner for each Judicial Circuit (in no case shall any judge of the Supreme Court be appointed) would be appointed by the Minister of the Interior.
Subsequent acts extended the term of the Commission and the deadlines for land owners with no official boundaries, to have their boundaries certified by the Commission. In 1876, a clause was added requiring the Commissioners to deposit copies of all boundary certificates with the Minister of the Interior.
With the establishment of the Republic and Act 14 (approved October 27, 1894), the President of the Republic assumed the authority to appoint Commissioners and no limit was set on the term of the Commission. With annexation and the 1900 Organic Act, the authority to appoint Commissioners passed to the Governor, but the structure and duties of the Commission remained the same.
In 1915 (Act 79), the Commission was required to send copies of boundaries to the Commissioner of Public Lands instead of the Minister of the Interior.
Finally, in 1932 (Act 8}, the composition of the Commissioners changed. The circuit judges of the 2nd, 3rd, 4th, and 5th judicial circuits and the judge of the land court for the 1st judicial circuit, became the Commissioners of Boundaries. This makeup of Commissioners (excluding the 4th circuit) is in effect today. (HRS 1976, Sec. 664).

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