SB 3131

THE SENATE
S.B. NO.
3131
THIRTY-THIRD LEGISLATURE, 2026
S.D. 1
STATE OF HAWAII
H.D. 1
C.D. 1
A BILL FOR AN ACT
RELATING TO PERSONNEL.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.�
The legislature finds that the job title "secretary" has
become outdated in both the public and private sectors, leading many
organizations to adopt more contemporary titles such as "administrative assistant"
or "executive assistant".� To ensure
that the State's job titles remain current and appealing to potential
applicants, the department of human resources development has renamed the civil
service secretary series to "administrative assistant" and the administrative
assistant series to "executive specialist", effective July 16, 2024.� This modernization aligns the State's job
titles with prevailing industry standards and enhances its ability to attract and
retain qualified employees.
���� Therefore,
the purpose of this Act is to update state position
titles by changing "private secretary" to "executive
assistant" and "secretary" to "administrative
assistant", where applicable.
���� SECTION 2.�
Section 76-16, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:
���� "(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 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 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]]
administrative assistant 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]] administrative assistant 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]] executive
assistant each for the administrative director of the courts[[,]] and
the deputy administrative director of the courts[[,]]; one executive
assistant for 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]] administrative
assistant 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, and 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 or bicultural
school-home assistants, school psychologists, psychological examiners, speech
pathologists, athletic health care trainers, alternative school work study
assistants, alternative school educational or 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]] administrative
assistant 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, and 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 or 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; two
administrative assistants 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 no 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 Hawaii 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 or project development
director, policy director, special assistant to the director, and limited
English proficiency project manager or 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 operations 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;
��� (36)� In
the social services division of the department of human services, the business
technology analyst;
��� (37)� The
executive director and staff of the 911 board;
��� (38)� The
software developer supervisor and senior software developers in the department
of taxation;
��� (39)� In
the department of law enforcement, five Commission on Accreditation for Law
Enforcement Agencies, Inc., coordinator positions;
��� (40)� The
state fire marshal and deputy state fire marshal in the office of the state
fire marshal;
��� (41)� The
administrator for the law enforcement standards board;
��� (42)� In
the office of the director of taxation, the data privacy officer and tax
business analysts; and
[[[]](43)[[]]]All
positions filled by the Hawaii tourism authority within the department of
business, economic development, and tourism.
���� 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
3. �Section 103D-204, Hawaii Revised Statutes,
is amended by amending subsection (d) to read as follows:
���� "(d)� The administrator shall operate independently
of the comptroller. �The administrator may
appoint and dismiss [[a ][private ][secretary]] an executive
assistant without regard to chapters
76 and 89, who shall serve at the administrator's pleasure.� The comptroller shall provide support to
permit the administrator to satisfy all of the administrator's responsibilities
as the chief procurement officer for those governmental bodies of the executive
branch of the State for which a chief procurement officer is not otherwise
designated."
���� SECTION
4. �Section 353-62, Hawaii Revised Statutes,
is amended by amending subsection (b) to read as follows:
���� "(b)
�In its operations, the paroling
authority shall:
���� (1)� Keep
and maintain a record of all meetings and proceedings;
���� (2)� Make
public no more than thirty days after a parole release hearing the following
information:
��������� (A)� The
prisoner's name; and
��������� (B)� Whether
the parole request was approved or denied;
���� (3)� Send
a detailed report of its operations to the governor every three months;
���� (4)� In
promulgating rules, conform to chapter 91;
���� (5)� Allow
each prisoner a hearing before a panel of three of its members, which shall act
by a majority of the panel members; provided that if it is determined
immediately preceding or during the course of a hearing that a sitting panel
member must be recused due to a conflict of interest or illness, the panel may
proceed with two members; and
���� (6)� Appoint
an administrative [[secretary]] assistant and [[such]] other
clerical and other assistants as may be necessary within the limits of
available appropriations, subject to any applicable salary classification and
civil service schedules, laws, and rules."
���� SECTION 5.� Section 353-65, Hawaii Revised Statutes, is
amended to read as follows:
���� "�353-65� Paroles; rules.� The Hawaii paroling authority may establish
rules, with the approval of the governor and the director of corrections and
rehabilitation not inconsistent with this part, under which any prisoner may be
paroled but shall remain, while on parole, in the legal custody and under the
control of the paroling authority, and be subject, at any time until the
expiration of the term for which the prisoner was sentenced, to be taken back
within the enclosure of the prison.� The
rules shall have the force and effect of law.�
Full power, subject to this part, to enforce the rules, to grant, and to
revoke paroles is conferred upon the paroling authority.� The power to retake and reimprison a paroled
prisoner is conferred upon the administrative [[secretary]] assistant
or the administrative [[secretary's]] assistant's designee, who may
issue a warrant authorizing all of the officers named therein to arrest and
return to actual custody any paroled prisoner.�
The superintendent of Hawaii state prison, the chief of police of each
county and all police officers of the State or of any county, and all prison
officers shall execute any such order in like manner as ordinary criminal
process.
���� If any prisoner so paroled leaves the State
without permission from the paroling authority, the prisoner shall be deemed to
be an escaped prisoner, and may be arrested as such."
���� SECTION 6.�
Sections 28-8.5, 90D-8, 155-4, 312-2.1, and 312-2.2, Hawaii Revised
Statutes, are amended by substituting the word "administrative
assistant," or similar term, wherever the word "secretary," or
similar term, appears, as the context requires.
���� SECTION
7.� Statutory material to be
repealed is bracketed and stricken.� New
statutory material is underscored.
���� SECTION 8.�
This Act shall take effect on July 1, 2026; provided that the amendments
made to section 312-2.1, Hawaii Revised Statutes, by section 6 of this Act
shall not be repealed when that section is reenacted on June 30, 2028, pursuant
to section 4 of Act 141, Session Laws of Hawaii 2023.
Report Title:
Private Secretary; Executive Assistant; Secretary;
Administrative Assistant
Description:
Updates state position titles in the Hawaii Revised Statutes by
changing "private secretary" to "executive assistant" and
"secretary" to "administrative assistant", where applicable.� (CD1)
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not legislation or evidence of legislative intent.