Report Title:

Deputies and first assistants of state dept. heads; Abolishment

Description:

Abolishes the position of deputy and first assistant in state departments, except DOE and UH. (HB2821 CD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2821

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

STATE OF HAWAII

S.D. 2

 

C.D. 1

A BILL FOR AN ACT

 

relating to state departments.

 

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

SECTION 1. The legislature finds that based on economy, expediency, and accountability, division and branch chiefs of a state executive department should report directly to the head of the department. The purpose of this Act is to abolish the position of deputy or assistant to the head of any department of the State, except the University of Hawaii and the department of education.

SECTION 2. Section 11-1.6, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) The chief election officer shall be paid a salary [set at the maximum salary payable to deputies or assistants to department heads as established by section 26-53.] within the range of $72,886 to $77,966 a year."

SECTION 3. Section 26-21, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department of defense shall be headed by a single executive to be known as the adjutant general. The adjutant general shall also be the director of civil defense.

[There shall be a full-time vice director of civil defense who shall be appointed and may be removed by the director.]

The department shall be responsible for the defense of the State and its people from mass violence, originating from either human or natural causes.

The devolution of command of the military forces in the absence of the adjutant general shall be within the military establishment. The devolution of command of the civil defense agency in the absence of the director of civil defense shall be within the civil defense agency."

SECTION 4. Section 26-39, Hawaii Revised Statutes, is amended to read as follows:

"26-39 Department staffs[.]; prohibition against establishing deputy or assistant position. Except as otherwise provided by this chapter and with the approval of the governor, the head of a department may establish or abolish any subordinate office or position, transfer officers and employees between positions, appoint and remove any subordinate, and change the duties, titles, and compensation of offices and positions as is deemed necessary by the head of the department for the efficient functioning of the department, subject to the limitations of available appropriations and of the provisions of [chapters] chapter 76 [and 77]. Notwithstanding any provision to the contrary, the head of the department, except the superintendent of education and the president of the University of Hawaii, shall not establish, directly or indirectly, any position for a deputy or assistant to the head of the department.

All officers and employees within a department shall be under the supervision, direction and control of the head of the department, except as otherwise provided by this chapter."

SECTION 5. Section 26-53, Hawaii Revised Statutes, is amended to read as follows:

"26-53 [Deputies or assistants to department heads.] Deputy or assistant to the superintendent of education or president of the University of Hawaii; salaries. [(a) Effective January 1, 1989, and January 1, 1990, the salaries of deputies or assistants to the head of any department of the State, other than the department of education,

shall be set by the governor within the range from $69,748 to $74,608 and $72,886 to $77,966 a year, respectively.

(b)] Effective [January 1, 1989, and] January 1, 1990, the salary of the deputy to the superintendent of education and the deputy or assistant to the University of Hawaii shall be [$81,629 and] $85,302 a year[, respectively]."

SECTION 6. Section 28-8, Hawaii Revised Statutes, is amended as follows:

1. By amending the title to read:

"28-8 [First deputy attorney general; other deputies.] Deputy attorneys general."

2. By amending subsection (a) to read:

(a) The attorney general shall appoint, and at the attorney general's pleasure remove, [a first deputy attorney general and other deputies] deputy attorneys general and law clerks as the exigencies of the public service may require, and shall be responsible for all of the acts of the [first deputy attorney general, other deputies,] deputy attorneys general and law clerks. They shall act under the direction of the attorney general and shall perform duties as the attorney general may require regardless of the source of funding for their compensation and notwithstanding any law to the contrary, except that the attorney general shall not require the performance of duties that would violate the terms of an applicable funding source or that would be in contravention of a federal requirement, restriction, or condition. The [first deputy attorney general and other deputies,] deputy attorneys general, subject to the attorney general's directions, may perform or exercise any and all duties or powers by law required of or conferred upon the attorney general."

3. By amending subsection (c) to read:

"(c) [The first deputy attorney general and all] All of the [other deputies] deputy attorneys general shall take the oath required of other public officers."

SECTION 7. Section 28-10, Hawaii Revised Statutes, is amended to read as follows:

"28-10 Prohibition on private practice of law by the attorney general[, first deputy, and other deputies.] and deputy attorneys general. The attorney general[, the attorney general's first deputy, and other deputies] and deputy attorneys general shall devote their entire time and attention to the duties of their respective offices. They shall not engage in the private practice of law, nor accept any fees or emoluments other than their official salaries for any legal services. This section shall not apply to any special deputy employed on a part-time basis for a limited period."

SECTION 8. Section 37D-1, Hawaii Revised Statutes, is amended by amending the definition of "director" to read as follows:

""Director" means the director of finance of the State [or any duly designated deputy director of finance]."

SECTION 9. Section 39-7, Hawaii Revised Statutes, is amended to read as follows:

"39-7 Form and execution of bonds. Bonds issued pursuant to this part shall be in such form as the director of finance may determine, and shall be lithographed or steel engraved. All bonds issued pursuant to this part shall be manually signed by the director of finance [or a deputy director of finance], shall bear a lithographed or engraved facsimile of the signature of the comptroller of the State, and shall be sealed with the seal or a lithographed or engraved facsimile of the seal of the department of budget and finance. In addition, fully registered bonds may be authenticated with the manual signature of the registrar, if any, thereunto duly appointed by the director of finance. Notwithstanding the preceding provisions of this section, the director of finance, with the approval of the governor, may provide that bonds issued pursuant to this part may be typewritten, printed, or otherwise reproduced, and that the signature of the comptroller upon the bonds may be the comptroller's manual signature. Interest coupons shall be executed with a lithographed or engraved facsimile of the signature of the director of finance. Pending the preparation of the definitive bonds, interim receipts, or certificates in such form and with such provisions as the director of finance may decide upon, may be issued to the purchaser or purchasers of bonds sold pursuant to this part."

SECTION 10. Section 39-8, Hawaii Revised Statutes, is amended to read as follows:

"39-8 Same, signatures. When bonds of the State are prepared and signed by the director of finance [or a deputy director of finance] of the State and the comptroller of the State in office at the time of such signing, the signatures of the director of finance [or deputy director of finance] and comptroller shall be valid and sufficient for all purposes, and shall have the same effect as if the persons officially signing the bonds or whose facsimile signatures appear thereon had remained in office until the delivery of the same to the initial purchasers thereof, and in the case of fully registered bonds upon any exchange or transfer between subsequent holders thereof, notwithstanding that the term of office of those persons or any of them may have expired or they may otherwise have ceased to be officers before the delivery, exchange, or transfer. If the director of finance shall have designated a registrar for fully registered bonds, the director of finance may provide that no fully registered bond shall be valid or obligatory for any purpose unless certified or authenticated by the registrar. If the director of finance shall have provided for a registrar, then notwithstanding section 39-7, all signatures of the officers of the State upon the fully registered bonds may be facsimiles of the officers' signatures, and fully registered bonds shall be valid and sufficient only if certified or authenticated by the manual signature of an authorized officer or signatory of that registrar. Anything to the contrary notwithstanding, if blanks of fully registered bonds shall be held by a registrar pending exchange or transfer for other fully registered bonds of the same series, then upon delivery of bonds in an exchange or transfer, the bonds shall be valid and sufficient for all purposes notwithstanding that the signature of the comptroller and the director of finance [or deputy director of finance] appearing thereon shall be that of the person in office at the time of initial delivery of the bonds or that of the person in office at the time of such exchange or transfer."

SECTION 11. Section 39-31, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) All duplicate bonds in coupon form issued in place of bonds lost, stolen, wholly or partially destroyed, or defaced shall be lithographed or steel engraved unless otherwise provided in the proceedings authorizing the issuance thereof, and shall bear the manual signatures of the director of finance [or a duly authorized deputy director of finance] and the comptroller, and an impression of the seal of the department of budget and finance shall be affixed thereon. Interest coupons shall bear a lithographed or engraved facsimile of the signature of the director of finance. Each signature of an officer on a duplicate coupon bond shall be the signature of the person serving as the officer on the date of signing and any duplicate coupon bond so executed and sealed shall be valid and sufficient for all purposes. All duplicate bonds in fully registered form issued in place of bonds lost, stolen, wholly or partially destroyed, or defaced shall be from the stock of fully registered bonds of the series then held by the registrar for that series and shall be executed, sealed, and authenticated in the same manner as fully registered bonds of that series. Any duplicate fully registered bond executed, sealed, and authenticated as provided in this section shall be valid and sufficient for all purposes.

When the lost, stolen, wholly or partially destroyed, or defaced bond appears to have been of a class or series that has been called or will be called in for redemption or will mature within a period of one year following the date of application for a duplicate bond, instead of issuing a duplicate bond therefor, the director of finance, under conditions and upon such security, if any, as the director of finance may prescribe, may pay the bond at its call date with interest if it is already called for redemption or if it is to be called for redemption or will mature within the period of one year, or may issue a transferable certificate of ownership to the applicant, and pay on the certificate the call price of the bond represented thereby together with interest called for by the lost, stolen, wholly or partially destroyed, or defaced bond on the date of its call or its original maturity upon surrender of the certificate of ownership. All transferable certificates of ownership which may be issued pursuant to the terms hereof shall be in such form as the director of finance may prescribe and shall be signed by the director of finance [or a duly authorized deputy director of finance] and by the comptroller of the State, and an impression of the seal of the department of budget and finance shall be affixed thereto.

All expenses necessary for the providing of any duplicate bond, coupon, or both, as the case may be, or certificate of ownership shall be borne by the owner thereof and the expenses shall be paid at the time the request for replacement is filed."

SECTION 12. Section 39-56, Hawaii Revised Statutes, is amended to read as follows:

"39-56 Form and execution of revenue bonds. Revenue bonds issued pursuant to this part shall be in such form as the department head or governing body may determine; shall be lithographed or engraved; shall be manually signed by the department head [or a deputy department head designated by the department head]; shall be sealed with the seal or a lithographed or engraved facsimile of the seal of the department; and shall be countersigned with a lithographed or engraved facsimile of the signature of the director of finance. In addition, fully registered revenue bonds may be authenticated with the manual signature of the registrar, if any, thereunto duly appointed by the director of finance. Notwithstanding the preceding provisions of this section, the department head [or a deputy department head designated by the department head], with the approval of the governor, may provide that revenue bonds issued pursuant to this part may be typewritten, printed, or otherwise reproduced, and that the signature of the director of finance upon the revenue bonds may be the director of finance's manual signature. The coupons pertaining to the revenue bonds shall be executed with the lithographed or engraved facsimile signatures of the department head and the director of finance. In the case of a department having a governing body, for purposes of this section, the member who is the presiding officer or, if authorized by the governing body, the executive director or other officer of the board, commission, agency, authority or public corporation, instrumentality, or other body shall be deemed the department head. Pending the preparation of the definitive revenue bonds, interim receipts or certificates in such form and with such provisions as the department head or governing body may decide upon, may be issued to the purchaser or purchasers of revenue bonds sold pursuant to this part."

SECTION 13. Section 40-51, Hawaii Revised Statutes, is amended to read as follows:

"40-51 Money drawn only on warrants. Excepting moneys paid for the redemption of bonds of the state debt, and the interest coupons of the same, and for interest on overdue warrants, and drafts against special deposits and for the expenses of the legislature and the judiciary, and payment authorized by the comptroller by means of electronic funds transfers and through automated clearinghouses for the purposes of implementing an electronic benefits transfer system for the department of human services, no money shall be drawn from or out of the treasury except upon warrants, substantially in the form of section 40-52, issued from the comptroller's office; provided that upon request, the comptroller shall provide financial services involving the issuance of warrants on behalf of the legislature and the judiciary. Every warrant shall be signed by the comptroller or [the comptroller's deputy or] by means of any mechanical check signer that may be adopted by the comptroller, and shall be made payable upon such date as may be approved by the director of finance to the order of the person to whom the State is directly indebted."

SECTION 14. Section 40-53, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) All payments for permanent settlements, specific and all other salaries, excepting that of the comptroller [and deputy comptroller], shall be drawn by the comptroller, payable to each individual to whom the State is directly indebted, except as provided for in section 40-58. No permanent settlements nor salary checks shall be paid by the director of finance until the person in whose favor the check is drawn shall have indorsed the person's signature thereon. The [salaries] salary of the comptroller [and deputy comptroller] shall be paid by the director when due as in this chapter provided upon [checks] a check approved by the governor."

SECTION 15. 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 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, and each [deputy or first assistant, and each additional deputy, or assistant deputy, or] assistant defined in paragraph (16);

(10) [First deputy and deputy] 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) Teachers, principals, vice-principals, district superintendents, chief deputy superintendents, other certificated personnel, not more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work, 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, and alternative school project coordinators in the department of education; the special assistant to the state librarian, one secretary for the special assistant to the state librarian, and 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) Positions filled by inmates, kokuas, patients of state institutions, persons with severe physical or mental handicaps participating in the work experience training programs, and students and positions filled through federally funded programs that provide temporary public service employment such as the federal Comprehensive Employment and Training Act of 1973;

(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 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; an] for the department of education and the University of Hawaii, including 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 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 lunch periods 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 housing and community development corporation of Hawaii; provided that not more than twenty-six per cent of the corporation's work force in any housing project maintained or operated by the corporation 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 severely handicapped persons who are certified by the state vocational rehabilitation office that they are able to perform safely the duties of the positions;

(24) One public high school student to be selected by the Hawaii state student council as a nonvoting member on the board of education as authorized by the State Constitution;

(25) Sheriff, first deputy sheriff, and second deputy sheriff; and

(26) A gender and other fairness coordinator hired by the judiciary.

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 16. Section 84-17, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The financial disclosure statements of the following persons shall be public records and available for inspection and duplication:

(1) The governor, the lieutenant governor, the members of the legislature, candidates for and delegates to the constitutional convention, the members of the board of education, the trustees of the office of Hawaiian affairs, and candidates for state elective offices;

(2) The directors of the state departments [and their deputies, regardless of the titles by which the foregoing persons are designated]; provided that with respect to the department of the attorney general, the foregoing shall apply only to the attorney general [and the first deputy attorney general];

(3) The administrative director of the State;

(4) The president, the vice presidents, the assistant vice presidents, the chancellors, and the provosts of the University of Hawaii;

(5) The superintendent, the deputy superintendent, the state librarian, and the deputy state librarian of the department of education;

(6) The administrative director and the deputy director of the courts; and

(7) The administrator and the assistant administrator of the office of Hawaiian affairs."

SECTION 17. Section 84-35, Hawaii Revised Statutes, is amended to read as follows:

"84-35 Staff. The ethics commission may employ and at pleasure remove such persons, including an executive director, as it may deem necessary for the performance of its functions. The salary of the executive director shall [not exceed that of a deputy under section 26-53.] be within the range of $72,886 to $77,966 a year. The commission shall fix the compensations of its employees within the amounts made available by appropriation therefor. The employees of the commission shall be exempt from [chapters] chapter 76 [and 77]."

SECTION 18. Section 88-29, Hawaii Revised Statutes, is amended to read as follows:

"88-29 Officers, employees, legal adviser. The board of trustees shall elect from its membership a chairperson, and by a majority vote of all its members, shall appoint an administrator and a chief investment officer who shall be exempt from [chapters] chapter 76 [and 77] and serve under and at the pleasure of the board. Effective July 1, 1992, the salary of the administrator shall be set by the board within the range [established for deputy directors.] of $72,886 to $77,966 a year. The board shall engage actuarial and other services as shall be required to transact the business of the system. The compensation for all services engaged by the board, and all other expenses of the board necessary for the operation of the system, shall be paid at rates and in amounts the board shall approve.

The attorney general or an appointed representative may serve as legal adviser to the board of trustees or the board of trustees may select its own legal counsel."

SECTION 19. Section 103D-204, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There shall be a state procurement office, placed for administrative purposes only, within the department of accounting and general services, which shall be headed by the administrator of the state procurement office. The administrator shall be the chief procurement officer for those governmental bodies of the executive branch as provided in section [[]103D-203(a)(6)[]]. The administrator shall be a full-time public official. The administrator shall serve a term of four years, and shall be paid [the salary established for deputies or assistants to department heads under section 26-53] within the range of $72,886 to $77,966 a year without diminution during the administrator's term of office [unless by general law applying to all deputies or assistants to department heads]."

SECTION 20. Section 128-3, Hawaii Revised Statutes, is amended as follows:

"128-3 Civil defense agency. (a) The director of civil defense may, from funds allotted therefor, employ technical, clerical, stenographic, and other personnel and make such expenditures as may be necessary.

(b) The director, subject to the direction and control of the governor, shall be the executive head of the civil defense agency. The director shall coordinate the activities of all organizations for civil defense within the State, public or private, and shall maintain liaison with and cooperate with other civil defense agencies as provided in this chapter.

[(c) There shall be a vice-director of civil defense who shall be appointed and may be removed by the director. The vice-director shall be the first assistant to the director and shall, in the absence of the director, have all the duties and responsibilities of the director. The vice-director shall receive such compensation as shall be provided pursuant to section 26-53. Chapter 76 shall not apply to the vice-director.

(d)] (c) The director shall, with the approval of the county council, appoint for each political subdivision a deputy director who may be removed by the director. Deputy directors shall serve without compensation from the State but shall receive such compensation as may be provided by the political subdivision pursuant to chapter 77. Chapter 76 shall apply to full-time deputy directors. Part-time deputy directors may hold other office or employment in the state government, or any political subdivision. Each deputy director, subject to the direction and control of the director, shall be the head of all local organizations for civil defense within the political subdivision for which the deputy director is appointed."

SECTION 21. Section 174C-6, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) There shall be a first deputy to the chairperson of the commission on water resource management ("deputy for water resource management") [who shall be in addition to any other first deputy to the chairperson as the chairperson of the board of land and natural resources]. The deputy shall have experience in the area of water resources and shall be appointed by the chairperson with the approval of a majority of the commission."

2. By amending subsection (d) to read:

"(d) The salary of the deputy for water resource management shall be as provided in section 26-53 for [first deputies or first assistants to the head of any department]."

SECTION 22. Section 201-94, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) The council shall meet quarterly. The council may meet more frequently at the discretion of the [deputy] director in response to changing market needs."

SECTION 23. Section 201-95, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The office shall review annually the expenditure of public funds by the Hawaii Visitors and Convention Bureau or any other visitor industry organization and shall make recommendations necessary to ensure the effective use of the funds for the development of tourism. The office shall also prepare annually a report of expenditures, including descriptions and evaluations of programs funded, together with any recommendations the [deputy] director may make and shall submit the report to the legislature as part of the annual report required under section 201-98."

SECTION 24. Section 238-1, Hawaii Revised Statutes, is amended by amending the definition of "representation" to read as follows:

""Representation" refers to any or all of the following:

(1) A seller being present in the State;

(2) A seller having in the State a salesperson, commission agent, manufacturer's representative, broker, or other person who is authorized or employed by the seller to assist the seller in selling property, services, or contracting for use or consumption in the State, by procuring orders for the sales, making collections or deliveries, or otherwise; and

(3) A seller having in the State a person upon whom process directed to the seller from the courts of the State may be served, including the director of commerce and consumer affairs [and the deputy director] in the cases provided in section 415-14."

SECTION 25. Section 328-26, Hawaii Revised Statutes, is amended to read as follows:

"328-26 Disposal of questioned articles; court orders; expenses; bond. If the court finds that a detained or embargoed article is adulterated or misbranded, the article shall, after entry of the decree be destroyed at the expense of the claimant thereof, under the supervision of the director of health [or any of the director's deputies]; and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of the article or the claimant's agent; provided that when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that the article shall be so labeled or processed, has been executed, may by order direct that the article be delivered to the claimant thereof for such labeling or processing under the supervision of the director or any of the director's agents. The expense of supervision shall be paid by the claimant. The bond shall be returned to the claimant of the article on representation to the court by the director or any of the director's agents that the article is no longer in violation of this part, and that the expenses of supervision have been paid."

SECTION 26. Section 383-91, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department of labor and industrial relations, herein referred to as the "department" shall administer this chapter through the director of labor and industrial relations pursuant to chapter 371. The director may delegate to any person such power and authority, vested in the director by this chapter, as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules or regulations, and may in the director's discretion bond any person handling moneys or signing checks hereunder. Notwithstanding any provision to the contrary, the director shall not establish, directly or indirectly, any position for a deputy or assistant to the director. The director may cause to be printed and distributed to the public the text of this chapter or chapter 371, and any other material the director deems relevant and suitable, and the director shall deliver a copy of the director's rules and regulations to any person making application therefor. The director may require such reports, make such investigations, and take such other action as the director deems necessary or suitable for the administration of this chapter."

SECTION 27. Section 412:2-100, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The salary of the commissioner shall be set by the director of commerce and consumer affairs but shall [not be more than the maximum salary of first deputies to department heads.] be within the range of $72,886 to $77,966 a year."

SECTION 28. Section 431:2-103, Hawaii Revised Statutes, is amended to read as follows:

"431:2-103 Salary. The salary of the commissioner shall be set by the director of commerce and consumer affairs but shall [not be more than the maximum salary of first deputies to department heads.] be within the range of $72,886 to $77,966 a year."

SECTION 29. Section 431:7-305, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No transfer of any funds or security so held on deposit, whether voluntary or by operation of law, shall be valid unless approved in writing by the commissioner and countersigned by the director of finance or by the director's authorized [deputy or] agent, or unless expressly provided elsewhere in this code."

SECTION 30. Section 486-1, Hawaii Revised Statutes, is amended by amending the definition of "chairperson" to read as follows:

""Chairperson" [includes] means the chairperson of the board of agriculture [and when specifically designated by the chairperson for the purpose of effectuating this chapter, the deputy to the chairperson]."

SECTION 31. Section 76-76, Hawaii Revised Statutes, is repealed.

["76-76 Deputy director. The personnel director may designate a qualified person as the director's deputy. The deputy shall be thoroughly familiar with the principles and methods of personnel administration and shall believe in applying merit principles and scientific administrative methods to public personnel administration. In case of a vacancy in the office of director or of the absence of the director or the director's inability from any cause to discharge the powers and duties of the director's office, the powers and duties shall devolve upon the director's deputy."]

SECTION 32. Section 121-11, Hawaii Revised Statutes, is repealed.

["121-11 Deputy adjutant general. The adjutant general may appoint and remove at the adjutant general's pleasure a deputy adjutant general, who shall have a grade no higher than brigadier general. The deputy adjutant general shall perform duties assigned to the deputy adjutant general by the adjutant general and shall act for and in the place of the adjutant general during the adjutant general's absence or disability."]

SECTION 33. Section 353C-3, Hawaii Revised Statutes, is repealed.

["[353C-3] Deputy directors; appointment. The director shall appoint, without regard to chapters 76 and 77, three deputy directors to serve at the director's pleasure. Unless otherwise assigned by the director, one deputy director shall oversee the correctional programs and facilities of the department, one deputy director shall oversee the law enforcement programs of the department, and one deputy director shall oversee administration of the department."]

SECTION 34. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 35. This Act shall take effect on December 31, 2002.