Report Title:

Measurement Standards Branch; DOA; DCCA; Appropriation

 

Description:

Transfers the measurement standards branch (MSB) of the department of agriculture to the department of commerce and consumer affairs.  Provides that all fees collected by or on behalf of the MSB shall be deposited into the compliance resolution fund.  Appropriates funds from the compliance resolution fund for MSB program expenses.

 


THE SENATE

S.B. NO.

1320

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MEASUREMENTS AND STANDARDS.

 

 

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

 


     SECTION 1.  Section 486-1, Hawaii Revised Statutes, is amended as follows:

1.  By amending the definition of "administrator" to read:

     ""Administrator" means the [administering officer of the quality assurance division, or any qualified person so designated by the chairperson.] director of commerce and consumer affairs."

     2.  By amending the definition of "department" to read:

     ""Department" means the department of [agriculture.] commerce and consumer affairs."

     3.  By repealing the definitions of "board" and "chairperson".

     [""Board" means the board of agriculture."]

     [""Chairperson" includes the chairperson of the board of agriculture and when specifically designated by the chairperson for the purpose of effectuating this chapter, the deputy to the chairperson."]

     SECTION 2.  Section 486-4, Hawaii Revised Statutes, is amended to read as follows:

     "§486-4  Measurement standards branch; administrator.  There shall be a measurement standards branch within the department.  The administrator shall enforce the [board's] department's rules and administer the branch and such technical and clerical personnel as are necessary to carry out this chapter, in accord with the power, authority and duties delegated by the [board.] department."

     SECTION 3.  Section 486-33, Hawaii Revised Statutes, is amended to read as follows:

     "§486-33  Injunction.  In addition to any other remedy by law provided, the [chairperson] administrator may apply to any court of competent jurisdiction for, and the court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of the respective parts of this chapter or the rules [promulgated] adopted thereunder."

     SECTION 4.  All rights, powers, functions, and duties of the measurement standards branch of the department of agriculture are transferred to the department of commerce and consumer affairs.

     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.  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 agriculture relating to the functions transferred to the department of commerce and consumer affairs shall be transferred with the functions to which they relate.

     SECTION 6.  All rules, policies, procedures, guidelines, and other material adopted or developed by the department of agriculture that are reenacted or made applicable to the department of commerce and consumer affairs by this Act shall remain in full force and effect until amended or repealed by the department of commerce and consumer affairs pursuant to chapter 91, Hawaii Revised Statutes.  Until such time as these rules are amended or repealed, every reference to the department of agriculture, the board of agriculture, the chairperson of the board of agriculture, or the administering officer of the quality services division of the department of agriculture in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of commerce and consumer affairs or the director of commerce and consumer affairs, as appropriate.

     SECTION 7.  All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of agriculture, the board of agriculture, the chairperson of the board of agriculture, or the administering officer of the quality services division of the department of agriculture pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the department of commerce and consumer affairs by this Act, shall remain in full force and effect.  Upon the effective date of this Act, every reference to the department of agriculture, the board of agriculture, the chairperson of the board of agriculture, or the administering officer of the quality services division of the department of agriculture therein shall be construed as a reference to the department of commerce and consumer affairs or the director of commerce and consumer affairs, as appropriate.

     SECTION 8.  Upon the effective date of this Act, all fees collected by the measurement standards branch of the department of agriculture, or by the department of agriculture on behalf of the measurement standards branch, shall be deposited into the compliance resolution fund, established by section 26‑9, Hawaii Revised Statutes.

     SECTION 9.  All unencumbered moneys deposited in any revolving or special fund controlled by the measurement standards branch of the department of agriculture shall lapse to the credit of the compliance resolution special fund, established by section 26‑9, Hawaii Revised Statutes.

     SECTION 10.  Chapter 486, Hawaii Revised Statutes, is amended by substituting the word "administrator" wherever the word "board" appears, as the context requires.

     SECTION 11.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 12.  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 in effect as a result of this Act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the State.

     SECTION 13.  There is appropriated out of the compliance resolution fund of the State of Hawaii the sum of $809,149 or so much thereof as may be necessary for fiscal year 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 for program expenses of the measurement standards branch.

     The sums appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.

     SECTION 14.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.


     SECTION 15.  This Act shall take effect on July 1, 2009.

 

INTRODUCED BY:

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