Report Title:

Metropolitan Planning Organization; Autonomy

Description:

Allows the metropolitan planning organization and the executive office on aging to communicate directly with the legislature and governor, make personnel decisions, and purchase equipment without the approval of the department head. (SD1)

THE SENATE

S.B. NO.

2498

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

PROPOSED


 

A BILL FOR AN ACT

 

RELATING TO GOVERNMENT.

 

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

PART I

SECTION 1. Chapter 279E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"279E-   Communications and purchases. The MPO shall be permitted to do the following without the approval of the head of the department:

(1) Communicate directly with the governor and legislature without the need for approval from the head of the department; and

(2) Purchase supplies, equipment, and furniture."

SECTION 2. Section 279E-5, Hawaii Revised Statutes, is amended to read as follows:

"279E-5 Staff and funding. Each MPO shall have a full-time staff independent of state and county agencies. The MPO policy committee shall appoint all members of the staff, none of whom shall be subject to chapter 76. All other benefits generally applicable to the officers and employees of the State shall apply to staff members of the MPO and be retroactive to the effective date of initial hiring for existing staff. Nothing herein shall be deemed to prohibit the MPO from utilizing, through contractual arrangements, the staff resources of other local agencies, state agencies, and other quasi-public or private organizations to assist the MPO in its functions.

During the remainder of fiscal year 1975 and during fiscal year 1976 each such MPO is authorized to have not less than the equivalent staff positions authorized for the present organizations responsible for metropolitan transportation planning and designated in accordance with the provisions of 23 United States Code 134.

There is established in the state treasury for the department of transportation a revolving fund of $30,000 to be known as the OMPO revolving fund which shall be administered by the director of transportation. The moneys in the fund shall be appropriated from the highway fund, and may be expended by the Oahu Metropolitan Planning Organization for its operation. The OMPO revolving fund shall be replenished when OMPO receives reimbursements from federal agencies.

The MPO shall make all decisions regarding employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all employees of or under the jurisdiction of the MPO without the approval of the head of the department."

PART II

SECTION 3. Chapter 349, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"349-   Communications, purchases, and personnel. The executive office on aging shall be permitted to do the following without the approval of the head of the department:

(1) Communicate directly with the governor and legislature without the need for approval from the head of the department;

(2) Make all decisions regarding employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all employees of or under the jurisdiction of the executive office on aging; and

(3) Purchase supplies, equipment, and furniture."

SECTION 4. Section 349-4, Hawaii Revised Statutes, is amended to read as follows:

"349-4 Policy advisory board for elder affairs[.]; exemptions. (a) There shall be a policy advisory board for elder affairs, appointed by the governor under section 26-34. The board shall advise the director in, but not limited to, the following areas:

(1) The identification of issues and alternative approaches to solutions;

(2) The development of position statements and papers;

(3) Advocacy and legislative actions; and

(4) Program development and operations.

The board shall consist of not less than twenty-one nor more than twenty-nine members, a majority of whom are over sixty years of age and who shall be selected on the basis of their interests and knowledge in and their ability to make contributions to the solution of problems relating to aging, and shall include at least one member from the county of Hawaii, one member from the county of Maui, one member from the county of Kauai, and one member from the city and county of Honolulu. There shall be nine members who shall serve as ex officio members and shall be chosen from among the heads of the following state agencies which provide services or programs affecting elders: health, human services, education, labor and industrial relations, University of Hawaii, transportation, the state retirement system, the office of consumer protection, and, by invitation, the Hawaii representative of the United States Department of Health, Education and Welfare. Of the non ex officio members, one-third of the members shall be appointed for the term of four years, one-third for the term of three years, and one-third for the term of two years; and thereafter the terms of office of each member shall be four years. The members shall serve without compensation, but shall be paid their necessary expenses in attending meetings and carrying out the responsibilities of the board. The chairperson shall be elected annually from the nongovernmental members of the board. There shall be not less than twelve meetings of the board each year.

(b) The board for elder affairs shall be exempt from section 26-35(1), (4), and (5) and shall:

(1) Make direct communications with the governor and legislature;

(2) Make all decisions regarding employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the board without the approval of the head of the department; and

(3) Purchase all supplies, equipment, or furniture without the approval of the head of the department.

The commission shall follow all applicable personnel laws."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.