Bill Text: HI HB397 | 2022 | Regular Session | Introduced
Bill Title: Relating To The Hawaii Correctional System Oversight Commission.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB397 Detail]
Download: Hawaii-2022-HB397-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
397 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII CORRECTIONAL SYSTEM OVERSIGHT COMMISSION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 179, Session Laws of Hawaii 2019, established the Hawaii correctional system oversight commission as an agency attached to the department of the attorney general for administrative purposes only. Although the Hawaii correctional system oversight commission has been in existence for only one year, it has already had at least one conflict with the department of the attorney general. The possibility of future conflicts with that department may interfere with the commission's ability to fulfill its critical responsibilities.
The legislature further finds that the correctional system, at its core, is as much a matter of health and human services as it is law enforcement. Accordingly, the legislature believes that it would be appropriate to transfer the Hawaii correctional system oversight commission to the department of human services for administrative purposes.
The purpose of this Act is to transfer the administrative attachment of the Hawaii correctional system oversight commission from the department of the attorney general to the department of human services.
SECTION 2. Section 353L-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
There is established within the department of [the attorney general]
human services for administrative purposes only a Hawaii correctional system
oversight commission consisting of five members who shall be residents of this
State and appointed as follows:
(1) One member shall be appointed by the governor;
(2) One member shall be appointed by the president of the senate;
(3) One member shall be appointed by the speaker of the house of representatives;
(4) One member shall be appointed by the chief justice; and
(5) One member shall be appointed by the chairperson of the board of trustees of the Office of Hawaiian Affairs.
The commission members shall annually elect
one of the members to serve as chairperson of the commission."
SECTION 3. All rights, powers, functions, and duties of the department of the attorney general relating to the Hawaii correctional system oversight commission are transferred to the department of human services.
SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of the attorney general relating to the functions transferred to the department of human services shall be transferred with the functions to which they relate.
SECTION 5. All employees who occupy civil service positions and whose functions are transferred to the department of human services by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred 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 and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The director of human services may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.
SECTION 6.
All rules, policies, procedures, guidelines, and other material adopted
or developed by the department of the attorney general to implement provisions
of the Hawaii Revised Statutes that are reenacted or made applicable to the
department of human services by this Act shall remain in full force and effect
until amended or repealed by the department of human services pursuant to
chapter 91, Hawaii Revised Statutes. In
the interim, every reference to the department of the attorney general or attorney
general in those rules, policies, procedures, guidelines, and other material is
amended to refer to the department of human services or director of human
services, as appropriate.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
AG; DHS; Hawaii Correctional System Oversight Commission; Transfer
Description:
Transfers the administrative attachment of the Hawaii correctional system oversight commission from the department of the attorney general to the department of human services.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
