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HOUSE OF REPRESENTATIVES

H.B. NO.

1133

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII.

 

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

SECTION 1. The Legislature finds that there remains a continuing need to provide financing for the infrastructure and other elements that lead to development of low income housing for Hawaii's citizens. The Legislature also finds that there remains a strong need to continue the construction, maintenance and operation of rental housing for our neediest low income families and individuals in order to provide them with an affordable quality of life. This effort can be accomplished by placing responsibility for these functions in the agency with the mission of providing support and support services to those of our people most in need. Accordingly, the purpose of the Act is to transfer the housing and community development corporation of Hawaii from within the department of business, economic development and tourism for administrative purposes to within the department of human services for administrative purposes.

SECTION 2. Section 26-14, Hawaii Revised Statutes, is amended to read as follows:

"§26-14 Department of human services. (a) The department of human services shall be headed by a single executive to be known as the director of human services.

(b) The department shall administer programs designed to improve the social well-being and productivity of the people of the State. Without limit to the generality of the foregoing, the department shall concern itself with problems of human behavior, adjustment, and daily living through the administration of programs of family, child and adult welfare, economic assistance, health care assistance, rehabilitation toward self-care and support, public housing, and other related programs provided by law.

(c) The functions and authority heretofore exercised by the department of public welfare, the bureau of sight conservation and work with the blind (except for the transcription services program transferred to the department of education), the council on veterans' affairs, and any other agency of the state or county governments with respect to the assistance and care of the indigent and medically indigent as heretofore constituted are transferred to the department of human services established by this chapter.

(d) The housing and community development corporation of Hawaii is placed within the department of human services for administrative purposes only."

SECTION 3. Section 26-18, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The following are placed in the department of business, economic development, and tourism for administrative purposes as defined by section 26-35: Aloha Tower development corporation, Hawaii community development authority, high technology development corporation, land use commission, natural energy laboratory of Hawaii authority, [the housing and community development corporation of Hawaii,] and any other boards and commissions as shall be provided by law.

The department of business, economic development, and tourism shall be empowered to establish, modify, or abolish statistical boundaries for cities, towns, or villages in the State and shall publish, as expeditiously as possible, an up-to-date list of cities, towns, and villages after changes to statistical boundaries have been made."

SECTION 4. Section 201G-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established the housing and community development corporation of Hawaii to be placed within the department of [business, economic development, and tourism] human services for administrative purposes only. The corporation shall be a public body and a body corporate and politic."

SECTION 5. All officers and employees whose functions are transferred to or conferred upon the housing and community development corporation of Hawaii shall be transferred with their current 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 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.

In the event that 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 of human resources development or the governor.

SECTION 6. All records, equipment, files, supplies, contracts, books, papers, documents, maps, appropriations, authorizations, and other property heretofore made, used, acquired, or held in conjunction with functions transferred by this Act shall be transferred with the functions, programs, or segments to which they relate.

SECTION 7. All funds appropriated for the 2003-2005 fiscal biennium, directly or indirectly, relating to the functions, programs, or organizational segments transferred under this Act shall be appropriately transferred to the department of human services with the functions, programs, or segments to which they relate.

SECTION 8. It is the intent of this Act not to jeopardize the receipt of any federal aid nor impair the obligation of the State or any agency thereof to persons with which it has existing contracts or to the holders of any bond issued by the State or by any state agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor is authorized and empowered to modify the strict provisions of this Act, but shall promptly report any such modifications with the reasons therefore to the legislature at its next session thereafter for review by the legislature.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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By Request