Report Title:

Government Reorganization; Public Housing and Homeless Programs

Description:

Transfers the public housing and homeless programs of the housing and community development corporation of Hawaii to the department of human services.

HOUSE OF REPRESENTATIVES

H.B. NO.

1635

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to government.

 

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

SECTION 1. The purpose of this Act is to transfer the public housing and homeless assistance functions of the housing and community development corporation of Hawaii to the department of human services. The legislature finds that this government reorganization will help to remove inefficiencies in the delivery of services to the people of Hawaii.

SECTION 2. Effective July 1, 2004, the functions of the housing and community development corporation of Hawaii described in part II of chapter 201G, relating to state housing programs, and part IV, relating to homeless assistance, shall be transferred to the department of human services.

SECTION 3. Section 26-14, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(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, the housing and community development corporation of Hawaii relating to state housing programs and homeless assistance, 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."

SECTION 4. Transfer of officers and employees. All rights, powers, functions, and duties of housing and community development corporation of Hawaii the relating to state housing programs and homeless assistance are transferred to the department of human services.

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. Transfer of records, equipment, and other personal property. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the housing and community development corporation of Hawaii relating to the functions transferred to the department of human services shall be transferred with the functions to which they relate.

SECTION 6. Transfer of functions; continuity of rules, policies, and other material. All rules, policies, procedures, guidelines, and other material adopted or developed by the housing and community development corporation of Hawaii to implement provisions of the Hawaii Revised Statutes which are 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 housing and community development corporation of Hawaii or the executive director of the development corporation in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of human services or the director of human services, as appropriate.

SECTION 7. Transfer of functions; effect on deeds, permits, and other documents. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the housing and community development corporation of Hawaii pursuant to the Hawaii Revised Statutes, which are made applicable to the department of human services by this Act, shall remain in full force and effect.

Effective on the same day that legislation transferring the functions of the housing and community development corporation of Hawaii to the department of human services is approved, every reference to the housing and community development corporation of Hawaii or the executive director of the development corporation therein shall be construed as a reference to the department of human services or the director of human services, as appropriate.

SECTION 8. Transition team. (a) There is created a temporary transition team within the governor's office for administrative purposes, which shall be chaired by the governor, or the governor's designee, and the following members to be appointed by the governor:

(1) The director of human services or the director's designee;

(2) The executive director of the housing and community development corporation of Hawaii or the executive director's designee;

(3) Two members from a list of nominees submitted by the president of the senate; and

(4) Two members from a list of nominees submitted by the speaker of the house of representatives.

(b) The members of the transition team shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(c) The transition team shall be convened by the governor or the governor's designee and shall accomplish the following tasks prior to December 31, 2003:

(1) Study the respective missions and roles of the affected agencies to determine whether the existing missions and roles are adequate or if certain statewide needs are not being met;

(2) Determine and define which existing missions and roles of the agencies can be eliminated or are legitimate, necessary, and must be preserved, either intact or modified;

(3) Determine and define which new agency missions and roles, if any, need to be created;

(4) Determine which agencies and programs must be preserved intact or modified to carry out the new missions and roles, as determined in paragraph (3), by designing a new organizational structure for the affected agencies;

(5) Determine what policies need to be newly established, modified, or eliminated to guide the affected agencies;

(6) Develop new duties, responsibilities, and powers of the affected agencies;

(7) Ensure that no federal mandates, requirements, laws, or rules are violated and that no federal funding is jeopardized by the transfer of functions;

(8) Ensure that no current personnel in the affected agencies are terminated by appropriate placements or transfers or other means; and

(9) Draft necessary proposed legislation to implement the transfer of the public housing and homeless assistance functions of the housing and community development corporation of Hawaii to the department of human services as provided by this Act.

(d) The transition team shall perform its duties guided by the following principles:

(1) Providing user-friendly services;

(2) Using best practices in management and operations;

(3) Using economies of scale;

(4) Eliminating duplicative or outmoded functions and activities;

(5) Enhancing productivity;

(6) Eliminating unnecessary regulation;

(7) Redesigning processes to increase efficiency, cut costs, and reduce public inconvenience; and

(8) Realizing significant long-term savings.

(e) The transition team shall submit a report to the legislature, including necessary proposed legislation for passage and enactment in the regular session of 2004, no later than December 31, 2003.

SECTION 9. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.

SECTION 10. New statutory material is underscored.

SECTION 11. This Act shall take effect upon its approval; provided that sections 2 to 7 shall take effect on July 1, 2004.

INTRODUCED BY:

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