Bill Text: HI HB1089 | 2023 | Regular Session | Introduced
Bill Title: Relating To A State Boating Facility Lease Pilot Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-03-20 - The committee on WTL deferred the measure. [HB1089 Detail]
Download: Hawaii-2023-HB1089-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1089 |
THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO A STATE BOATING FACILITY LEASE PILOT PROGRAM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"(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 as such, 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 such 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, 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/bicultural school-home assistants, school
psychologists, psychological examiners, speech pathologists, athletic health
care trainers, alternative school work study assistants, alternative school
educational/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, 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;
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; an
administrative assistant 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 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 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, and security and
privacy compliance analyst;
(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[.]; [and
[](35)[]] In the office of homeland security of the department
of defense, the statewide interoperable communications coordinator[.];
and
(36) Positions at a state small boat harbor filled by persons
employed by any lessee of the department of land and natural resources for private development, management, and maintenance of a
state boating facility.
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. Section 200-2.5, Hawaii Revised
Statutes, is amended by amending subsection (a) to read as follows:
"(a) Notwithstanding any law to the contrary, the
board may lease fast lands and submerged lands within [an] any
existing state boating facility, by public auction, a request for
proposals, or by direct negotiation pursuant to section 171-59, and chapter 190D, for private development, management,
and operation[; provided that any lease of fast lands or submerged lands
pursuant to a request for proposals shall be subject to section 200-2.6,
regardless to which state boating facility the fast or submerged lands are
attached].
As used in this section, the term "state
boating facility" means a state
small boat harbor, launching ramp, offshore mooring, pier, wharf, landing, or
any other area under the jurisdiction of the department pursuant to this
chapter."
SECTION
3. Section 200-2.6, Hawaii Revised
Statutes, is repealed.
["[§200-2.6] Ala Wai boat harbor; leases. The fast lands
and submerged lands of the Ala Wai boat harbor that may be leased include the
following:
(1) All
fast lands and submerged lands described in the request for qualifications or
request for proposals issued by the division of boating and ocean recreation of
the department on November 25, 2008;
(2) The fast land described as a portion of tax
map key: (1) 2-3-37-12, composed of approximately 112,580 square feet,
presently used for harbor offices and permitted vehicular parking; and
(3) The fast land described as a portion of tax
map key: (1) 2-3-37-12, which is a triangular area located Diamond Head of Mole
B, presently used for permitted vehicular parking."]
SECTION 4. (a) There
is established a state boating facility lease pilot program within the
department of land and natural resources to be implemented and managed by the
division of boating and ocean recreation to allow the board of land and natural
resources to lease one small boat harbor in its entirety, and fast lands and
submerged lands within it, by public auction, request for proposals, or direct
negotiation, for private development, management, and operation.
(b) Prior authorization from the legislature
shall not be required for issuance of a lease under this pilot program.
(c) All employees of the division of boating and
ocean recreation of the department of land and natural resources who occupy
civil service positions and whose functions are replaced as a result of this
Act shall retain their civil service status, whether permanent or
temporary. Employees shall be reassigned
within the division of boating and ocean recreation without loss of salary,
seniority (except as prescribed by applicable collective bargaining
agreements), retention points, prior service credit, any vacation and sick
leave credits previously earned, and other rights, benefits, and privileges, in
accordance with state personnel laws, provided that subsequent changes in
status may be made pursuant to applicable civil service and compensation laws.
(d) The department of land and natural resources
shall submit a report of its findings and recommendations, including any
proposed legislation, to the legislature no later than twenty days prior to the
convening of each regular session. The
report shall include a recommendation on whether the pilot program should be
continued, modified, or terminated.
(e) The state boating facility lease pilot
program shall terminate on June 30, 2043.
SECTION 5. This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
SECTION
6. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 7. This Act shall take effect upon its approval; provided that the amendments made to section 76-16(b), Hawaii Revised Statutes, by section 1 of this Act shall not be repealed when section 24 of Act 278, Session Laws of Hawaii 2022, takes effect.
INTRODUCED BY: |
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BY REQUEST |
Report Title:
State Small Boating Facility Lease; Public-Private Partnership; Pilot Program
Description:
Establishes a state boating facility lease pilot program within the Department of Land and Natural Resources (Department). Clarifies that a private partner under lease or contract with the Department may assist with development, management, and maintenance of a state small boat harbor.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.