Report Title:

Executive Office on Aging

Description:

Transfers the executive office on aging from the office of the governor to the department of health. (SB1675 HD2)

THE SENATE

S.B. NO.

1675

TWENTY-SECOND LEGISLATURE, 2003

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HEALTH.

 

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

SECTION 1. The purpose of this Act is to transfer the executive office on aging from the office of the governor to the department of health for administrative purposes.

SECTION 2. Section 349-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established within the [office of the governor,] department of health, for administrative purposes only, an executive office on aging."

SECTION 3. All rights, powers, functions, and duties of the office of the governor, relating to the executive office on aging, 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.

Any employee who, prior to this Act, was exempt from civil service and may be transferred as a consequence of this Act, shall continue to retain the employee's exempt status and shall not be appointed to a civil service position because of this Act. The employee shall continue in an exempt position upon transfer to the department of health until such time that the exempt position is converted to a civil service position in accordance with applicable state personnel rules, regulations, policies, or procedures.

All officers or employees whose positions are transferred by this Act shall be transferred to the department of health. The functions, duties, classifications, pay, benefits, tenure, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege of any officer or employee shall not be changed in the execution of the transfer. Subsequent changes in status shall be made in accordance with applicable state personnel laws, rules, policies, procedures, and collective bargaining agreements.

If an office or position held by an officer or employee is abolished as a result of this Act, the employment action affecting the officer or employee shall be in accordance with applicable state personnel laws, rules, policies, procedures, and collective bargaining agreements.

SECTION 4. All rules, policies, procedures, guidelines, and other material adopted or developed by the office of the governor to implement provisions of the Hawaii Revised Statutes which 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 office of the governor in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of health.

SECTION 5. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the office of the governor pursuant to the provisions of the Hawaii Revised Statutes, which are reenacted or made applicable to the department of health by this Act, shall remain in full force and effect. Upon the effective date of this Act, every reference to the office of the governor, relating to the executive office on aging, shall be construed as a reference to the department of health.

SECTION 6. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, computer software and data, authorizations, and other property, both real and personal, heretofore made, used, acquired, or held by the office of the governor in the exercise of the functions and programs transferred by this Act shall be transferred to the department of health when the functions or programs are so transferred.

SECTION 7. If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this Act in its application to the agencies concerned. The rules adopted under this Act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the State.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.