RELATING TO THE DEPUTY DIRECTOR OF HIGHWAYS OF THE DEPARTMENT OF TRANSPORTATION.

SB459

THE SENATE

S.B. NO.

459

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO THE DEPUTY DIRECTOR OF HIGHWAYS OF THE DEPARTMENT OF TRANSPORTATION.

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

����
SECTION
1
.
�
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
]
The

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, and [
no
]
not
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 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;
provided that the deputy director of highways
shall be subject to the advice and consent of the senate;

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
]
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 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)
�
Senior
software developers in the department of taxation;

���
(38)
�
The
executive director and staff of the 911 board;

���
(39)
�
In
the department of law enforcement, five Commission on Accreditation for Law
Enforcement Agencies, Inc., coordinator positions;

���
(40)
�
The
administrator for the law enforcement standards board; and

���
(41)
�
The
state fire marshal.

����
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.
�
New statutory material is underscored.

����
SECTION 3.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DOT;
Deputy Director of Highways; Advice and Consent

Description:

Requires
the Deputy Director of Highways of the Department of Transportation to be
subject to the advice and consent of the Senate.

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