Bill Text: HI HB668 | 2013 | Regular Session | Amended
Bill Title: Medical Marijuana Program; Transfer of Responsibilities ($)
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2013-06-26 - Act 177, 6/25/2013 (Gov. Msg. No. 1280). [HB668 Detail]
Download: Hawaii-2013-HB668-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
668 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that the one of the top recommendations of the "Medical Cannabis Working Group Report to the Hawaii State Legislature" in 2010 was the transfer of the administration of Hawaii's medical use of marijuana program from the department of public safety to the department of health. The status of the medical use of marijuana program as a public health program is more in keeping with the mission and expertise of the department of health. The department of health is experienced in working with patients and health programs, including such important tasks as public outreach and education, and safeguarding patient privacy.
The purpose of this Act is to transfer the State's medical use of marijuana program to the department of health.
SECTION 2. No later than June 30, 2014, all rights, powers, functions, and duties of the department of public safety relating to the medical use of marijuana under chapter 329, part IX, Hawaii Revised Statutes, shall be transferred to the department of health.
SECTION 3. The department of public safety shall facilitate the transfer of functions pursuant to this Act by collaborating with, cooperating with, and assisting the department of health with assuming jurisdiction of and responsibilities for the medical use of marijuana program.
In order to facilitate the transfer of functions pursuant to this Act, until all relevant records are transferred to the department of health, the duties of the department of public safety shall include but not be limited to maintaining a confirmation service of the registration and certification of physicians, qualifying patients, and primary caregivers, pursuant to section 329-123, Hawaii Revised Statutes, which service shall operate twenty-four hours per day, seven days per week, and shall be accessible to the department of health.
SECTION 4. All rights, powers, functions, and duties of the department of public safety are transferred to the department of health.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 5. All appropriations, fees, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of public safety relating to the functions transferred to the department of health shall be transferred with the functions to which they relate.
SECTION 6. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of public safety that are reenacted or made applicable to the department of health by this Act shall remain in full force and effect until amended or repealed by the department of health pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of public safety or director of public safety in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of health or director of health.
SECTION 7. All designated forms for written certifications issued by the department of public safety shall be valid under the department of health until the department of health issues new designated forms.
PART II
SECTION 8. The department of public safety and the department of health shall develop a plan for transferring the medical use of marijuana program from the department of public safety to the department of health by June 30, 2014, pursuant to this Act. The plan shall include a timeline for the transfer.
SECTION 9. The department of public safety and the department of health shall submit a joint report on the transfer of the medical use of marijuana program, including the plan and timeline for the transfer, and the progress made, to the legislature no later than twenty days prior to the convening of the regular session of 2014.
SECTION 10. This Act shall take effect on July 1, 2013.
Report Title:
Medical Marijuana Program; Transfer of Responsibilities
Description:
Transfers the medical use of marijuana program, from the Department of Public Safety to the Department of Health by June 30, 2014. Requires report, with transfer plan and timeline, to the legislature prior to the 2014 regular session. Effective July 1, 2013. (HB668 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
