Report Title:

Transfer HCDA and ATDC to DOT

Description:

Transfers HCDA and ATDC, which are currently placed within DBEDT for administrative purposes, to DOT for administrative purposes.

HOUSE OF REPRESENTATIVES

H.B. NO.

461

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 Hawaii community development authority and the Aloha Tower development corporation, which are currently placed within the department of business, economic development, and tourism for administrative purposes, to the department of transportation for administrative purposes. The legislature finds that this transfer will help to consolidate functions and remove inefficiencies in the delivery of services to the people of Hawaii.

SECTION 2. 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 3. Section 26-19, Hawaii Revised Statutes, is amended to read as follows:

"26-19 Department of transportation. (a) The department of transportation shall be headed by a single executive to be known as the director of transportation.

(b) The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and such other transportation facilities and activities as may be authorized by law.

(c) The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include, but not be limited to, alternate work and school hours programs, bicycling programs, and ridesharing programs.

(d) The department shall develop and promote ridesharing programs which shall include but not be limited to, carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements. Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle.

(e) The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter.

(f) On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation.

(g) Upon the abolishment of the Hawaii aeronautics commission, the board of harbor commissioners, and the highway commission, there shall be established within the department of transportation a commission to be known as the commission on transportation which shall sit in an advisory capacity to the director of transportation on matters within the jurisdiction of the department of transportation. The commission on transportation shall consist of not more than eleven members, with the number of members from each county insofar as practicable being approximately proportional to the population of the respective counties to the population of the State; provided that each of the four counties shall be represented by at least one member.

(h) The following are placed in the department of transportation for administrative purposes as defined by section 26-35: Aloha Tower development corporation and the Hawaii community development authority."

SECTION 4. Section 206E-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established the Hawaii community development authority, which shall be a body corporate and a public instrumentality of the State, for the purpose of implementing this chapter. The authority shall be placed within the department of [business, economic development, and tourism] transportation for administrative purposes."

SECTION 5. Section 206J-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established the Aloha Tower Development Corporation, which shall be a public body corporate and politic, a public instrumentality, and an agency of the State. The development corporation shall be placed within the department of [business, economic development, and tourism] transportation for administrative purposes, pursuant to section 26-35."

SECTION 6. Section 206J-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is created the Aloha Tower fund. All:

(1) Moneys;

(2) Rentals;

(3) Charges;

(4) Other revenues of the development corporation; and

(5) Moneys or charges received by the department of [business, economic development, and tourism;] transportation;

including reimbursements for costs and staff services as a result of planning, development, or redevelopment of the lands located seaward of Nimitz Highway between Pier 4 and the Honolulu International Airport shall be deposited into the fund."

SECTION 7. 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 fourteen other members as follows, to be appointed by the governor:

(1) The director of business, economic development, and tourism or the director's designee;

(2) The director of transportation or the director's designee;

(3) The executive director of the Hawaii community development authority, or the executive director's designee;

(4) The chief executive officer of the Aloha Tower development corporation, or the chief executive officer's designee;

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

(6) 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 agencies to be transferred 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, and which are legitimate, necessary, and must be preserved, either intact or modified;

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

(4) Determine which departmental programs must be preserved intact or modified to carry out the new missions and roles as determined in paragraph (2), by designing a new organizational structure for the department of transportation;

(5) Determine what policies, if any, need to be newly established, modified, or eliminated to guide the department of transportation;

(6) Develop new duties, responsibilities, and powers of the department of transportation as needed;

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

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

(9) Draft necessary proposed legislation to implement the transfer of the Hawaii community development authority and the Aloha Tower development corporation to the department of transportation for administrative purposes.

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

(1) Providing user-friendly services;

(2) Use of best practices in management and operations;

(3) Use of 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.

SECTION 8. The transition team shall submit a report to the legislature, including necessary proposed legislation required in section 7 for passage and enactment in the regular session of 2004, no later than December 31, 2003.

SECTION 9. All rights, powers, functions, and duties of the department of business, economic development, and tourism with respect to the Hawaii community development authority and the Aloha Tower development corporation are transferred to the department of transportation.

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 10. 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 business, economic development, and tourism relating to the Hawaii community development authority and the Aloha Tower development corporation transferred to the department of transportation shall be transferred with the functions to which they relate.

SECTION 11. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of business, economic development, and tourism relating to the Hawaii community development authority and the Aloha Tower development corporation shall remain in full force and effect until amended or repealed by the department of transportation pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the Hawaii community development authority, the executive director of the Hawaii community development authority, the Aloha Tower development corporation, and the chief executive officer of the Aloha Tower development corporation in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of transportation or director of transportation, as appropriate.

SECTION 12. There is appropriated out of the general revenues of the State of Hawaii the sum of $        , or so much thereof as may be necessary for fiscal year 2003-2004, and the same sum, or so much thereof as may be necessary for fiscal year 2004-2005, for the temporary transition team to plan and implement the transfer of the Hawaii community development authority and the Aloha Tower development corporation from the department of business, economic development, and tourism to the department of transportation for administrative purposes. The appropriations shall be expended by the office of the governor.

SECTION 13. 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 14. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 16. This Act shall take effect upon its approval; provided that:

(1) Section 12 shall take effect on July 1, 2003; and

(2) Sections 2 to 6 and 9 to 11 shall take effect on July 1, 2004.

INTRODUCED BY:

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