Report Title:

State Capitol; Management Transfer

Description:

Transfers exclusive management of the entire state capitol building and grounds, including parking facilities to the joint legislative management committee.

THE SENATE

S.B. NO.

3069

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the state capitol.

 

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

SECTION 1. Section 21E-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established within the legislature a bipartisan joint legislative management committee to [supervise,]:

(1) Supervise, develop policy, and coordinate activities for all legislative service agency staff services[.]; and

(2) Manage and control the state capitol building and grounds in accordance with section 21E-4 and Act , Session Laws of Hawaii 2004."

SECTION 2. Section 21E-4, Hawaii Revised Statutes, is amended to read as follows:

"[[]21E-4[]] Powers and duties. The committee shall be responsible for establishing general policy and evaluating, supervising, and coordinating activities among the legislative service agencies. The committee shall:

(1) Determine the types, quantity, and quality of tasks to be assigned to each legislative service agency within statutory limitations; provided that with respect to direction to the auditor to conduct investigations pursuant to Article VII, section 10 of the Constitution of the State, direction shall be by both houses of the legislature;

(2) Evaluate and recommend the budget of each legislative service agency to the legislature;

(3) Approve annually the salary pay ranges to be used in determining the salaries of the staffs of legislative service agencies. Legislative service agency directors shall determine the salaries to be paid to their respective staffs in accordance with the pay ranges. Each legislative service agency director shall file a report annually with the committee setting forth the salaries paid to their respective staffs;

(4) Meet at times as it may determine to carry out its policy-making duties;

(5) Evaluate ways to improve legislative service agency staff services and organization, including but not limited to: operations of legislative service agencies, management of legislative business, legislative compensation, legislative information systems, legislative office space, and efficient use of state capitol facilities;

(6) Supervise the development, operation, and maintenance of legislative information processing systems, including but not limited to approving and monitoring joint computer operations in the legislative process;

(7) Manage and control the state capitol building and grounds, including determining:

(A) Which individuals and agencies may occupy portions of the building under its control, including state capitol parking facilities; and

(B) Who may enter into contracts for maintenance and other services for the state capitol building and grounds;

[(7)] (8) Adopt rules as necessary for the purposes of this chapter; and

[(8)] (9) Do all things necessary and proper to carry out the purposes of this chapter."

SECTION 3. Section 26-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department shall:

(1) Preaudit and conduct after-the-fact audits of the financial accounts of all state departments to determine the legality of expenditures and the accuracy of accounts;

(2) Report to the governor and to each regular session of the legislature as to the finances of each department of the State;

(3) Administer the state risk management program;

(4) Establish and manage motor pools;

(5) Manage the preservation and disposal of all records of the State;

(6) Undertake the program of centralized engineering and office leasing services, including operation and maintenance of public buildings[,] for departments of the State; provided that the state capitol building and grounds shall be managed and controlled exclusively by the joint legislative management committee pursuant to sections 21E-2, 21E-4, and Act    , Session Laws of Hawaii 2004;

(7) Undertake the functions of the state surveyor;

(8) Establish accounting and internal control systems;

(9) Provide centralized computer information management and processing services, coordination in the use of all information processing equipment, software, facilities, and services in the executive branch of the State, and consultation and support services in the use of information processing and management technologies to improve the efficiency, effectiveness, and productivity of state government programs; and

(10) Establish, coordinate, and manage a program to provide a means for public access to public information and develop and operate an information network in conjunction with its overall plans for establishing a communication backbone for state government.

The state communication system shall be established to:

(1) Facilitate implementation of the State's distributed information processing and information resource management plans;

(2) Improve data, voice, and video communications in state government;

(3) Provide a means for connectivity among the state, university, and county computer systems; and

(4) Provide a long-term means for public access to public information."

SECTION 4. Section 30-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The comptroller shall provide, upon request, to each governor-elect, for use in connection with the governor-elect's preparations for the assumption of official duties as governor, necessary services and facilities, including:

(1) Suitable office space appropriately equipped with furniture, furnishings, office machines and equipment, and office supplies as determined by the comptroller after consultation with the governor-elect, within the state capitol complex; provided that no:

(A) Office space;

(B) Appurtenant furniture or furnishings;

(C) Office machines and equipment;

(D) Office supplies;

(E) Personnel; or

(F) Parking facilities;

that are under the management and control of the joint legislative management committee shall be assigned to the governor-elect;

(2) Payment of the compensation of members of office staffs designated by the governor-elect at rates determined by the governor-elect; provided that any employee of any agency of the state government may be detailed to such staffs on a reimbursable or nonreimbursable basis; and while so detailed such employee shall be responsible only to the governor-elect for the performance of the employee's duties; and provided that any employee so detailed shall continue to receive the compensation provided pursuant to law for the employee's regular employment, and shall retain the rights and privileges of such employment without interruption. Notwithstanding any other law to the contrary, persons receiving compensation as members of office staffs under this paragraph, other than those detailed from agencies, shall not be held or considered to be employees of the state government except for purposes of the public employees retirement system;

(3) Payment of expenses for the procurement of services of experts or consultants or organizations thereof for the governor-elect at rates not to exceed $100 per diem for individuals;

(4) Payment of travel expenses and subsistence allowances, not to exceed that authorized for other state employees, including rental by the state government of hired motor vehicles, found necessary by the governor-elect, as authorized for persons employed intermittently or for persons serving without compensation, as may be appropriate;

(5) Communication services found necessary by the governor-elect;

(6) Payment of expenses for necessary printing and binding.

Each governor-elect shall be entitled to conveyance of all mail, including airmail, sent by the governor-elect in connection with the governor-elect's preparations for the assumption of official duties as governor."

SECTION 5. Notwithstanding any other law to the contrary, the management and control of the entire state capitol building and grounds, including its parking facilities, shall be under the exclusive management of the legislature through the joint legislative management committee in accordance with sections 21E-2, 21E-4, and chapter 22, Hawaii Revised Statutes and this Act.

SECTION 6. All rights, powers, functions, and duties of the department of accounting and general services, relating to the state capitol building, parking facilities, and grounds, are transferred to the joint legislative management committee.

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.

SECTION 7. 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 accounting and general services, relating to the state capitol building, shall be transferred with the functions to which they relate.

SECTION 8. All rules, policies, procedures, guidelines, and other materials adopted or developed by the department of accounting and general services transferred under this Act to implement provisions of the Hawaii Revised Statutes which are reenacted or made applicable to the joint legislative management committee by this Act, shall remain in full force and effect until amended or repealed by the joint legislative management committee in accordance with law.

All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of accounting and general services transferred under this Act pursuant to the provisions of the Hawaii Revised Statutes, which are reenacted or made applicable to the joint legislative management committee by this Act, shall remain in full force and effect.

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, 2004.

INTRODUCED BY:

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