PROPOSING AN AMENDMENT TO ARTICLE XVI, SECTION 3.5, OF THE CONSTITUTION OF THE STATE OF HAWAII TO ESTABLISH SALARY INCREASE LIMITS FOR JUSTICES AND JUDGES OF ALL STATE COURTS, MEMBERS OF THE LEGISLATURE, DEPARTMENT HEADS OR EXECUTIVE OFFICERS OF EXECUTIVE DEPARTMENTS AND THE DEPUTIES OR ASSISTANTS TO DEPARTMENT HEADS OF THE EXECUTIVE DEPARTMENTS.

SB2820

THE SENATE

S.B. NO.

2820

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

Proposing an amendment to Article XVI, Section 3.5, of
the Constitution of the State of Hawaii to Establish SALARY INCREASE LIMITS FOR
justices and judges of all state courts, members of the legislature, department
heads or executive officers of executive departments and the deputies or
assistants to department heads of the executive departments.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

���� SECTION 1. The
legislature finds that public trust in government is strengthened when
compensation policies for public officials are transparent, restrained, and
aligned with the economic realities faced by the broader public workforce.
Significant disparities between salary increases granted to public officials
and those received by rank-and-file public employees undermine perceptions of
fairness, equity, and fiscal responsibility.�

���� Accordingly, the purpose of this constitutional
amendment is to ensure that salary adjustments approved by the salary
commission for public officials are reasonable, predictable, and consistent
with the average salary increases negotiated through collective bargaining for
public employees, while also establishing an upper limit on annual increases to
protect the public interest.

���� SECTION 2.� Article
XVI,
section 3.5, of the Constitution of the State of Hawaii is amended to read as
follows:

"SALARY
COMMISSION

���� Section [3.5]
. There shall be a
commission on salaries as provided by law, which shall review and recommend
salaries for the
justices and judges of all state
courts, members of the legislature, department heads or executive officers of
the executive departments and the deputies or assistants to department heads of
the executive departments
as provided by law, excluding the University of
Hawaii and the department of education.� The commission shall also review and
make recommendations for the salary of the administrative director of the State
or equivalent position and the salary of the governor and the lieutenant
governor.

����
In setting or adjusting the salary of any
public officer within its jurisdiction, the salary commission shall adhere to
the following limitations:

(1) Any salary increase
approved by the commission shall not exceed the highest percentage increase
provided to employees of the State who are members of collective bargaining
units or five per cent, whichever is less; and

(2) In no event shall
any salary increase approved by the commission exceed five per cent for any
fiscal year.

Nothing in this section shall be construed to prohibit
the salary commission from reducing salaries or approving no increase.

���� Any salary established pursuant to this section
shall not be decreased during a term of office, unless by general law applying
to all salaried officers of the State.

���� Not later than the fortieth legislative day of
the 2007 regular legislative session and every six years thereafter, the
commission shall submit to the legislature its recommendations and then
dissolve.

���� The recommended salaries submitted shall become
effective as provided in the recommendation, unless the legislature disapproves
the entire recommendation as a whole by adoption of a concurrent resolution
prior to adjournment sine die of the legislative session in which the
recommendation is submitted; provided that any change in salary which becomes
effective shall not apply to the legislature to which the recommendation for
the change in salary was submitted. [Add HB 1917 (2006) and election Nov 7, 2006]"

���� SECTION 3.� The question to be printed on the
ballot shall be as follows:

���� "Shall the Constitution of the State of
Hawaiʻi be amended to require that salary increases for public officials
set by the Salary Commission are not to exceed the average salary increases
provided to unionized state employees and may not exceed five per cent in any
fiscal year?"

���� SECTION 3.� New constitutional material is
underscored.

���� SECTION 4.� This amendment shall take effect upon
compliance with article XVII, section 3, of the Constitution of the State of
Hawaii.

INTRODUCED BY:

_____________________________

Report Title:

Constitutional Amendment; State Officials Salary Increase
Cap

Description:

Proposes to amend article XVI, section 3.5 of the Hawaii
State Constitution regarding the establishment of salary increase limits for
justices and judges of all state courts, members of the Legislature, department
heads or executive officers of executive departments, and the deputies or
assistants to department heads of executive departments.

The
summary description of legislation appearing on this page is for informational
purposes only and is not legislation or evidence of legislative intent.