Public Employment; Exempt Civil Service
Amends various sections of HRS to comply with Act 253, Session Laws of Hawaii 2000, which places restrictions on the creation of civil service exempt positions and requires an annual review of exempt positions to determine whether they should be converted to civil service positions.
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO PUBLIC EMPLOYMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 253, Session Laws of Hawaii 2000, and Act 300, Session Laws of Hawaii 2006, aimed to reduce the number of civil service exempt employees in public service within the State. The legislature finds that despite the enactment of these Acts, there have been few conversions of civil service exempt positions to civil service positions since enactment and that conversions are overdue.
The purpose of this Act is to amend sections of the Hawaii Revised Statutes to conform with Act 253, Session Laws of Hawaii 2000, which placed restrictions on the creation of civil service exempt positions and required the annual review of exempt positions to determine whether exempt positions should remain exempt or be converted to civil service positions.
SECTION 2. Section 6E-3, Hawaii Revised Statutes, is amended to read as follows:
"§6E-3 Historic preservation program. There is established within the department a division to administer a comprehensive historic preservation program, which shall include but not be limited to the following:
(1) Development of an on-going program of historical, architectural, and archaeological research and development, including surveys, excavations, scientific recording, interpretation, and publications on the State's historical and cultural resources;
(2) Acquisition of historic or cultural properties, real or personal, in fee or in any lesser interest, by gift, purchase, condemnation, devise, bequest, land exchange, or other means; preservation, restoration, administration, or transference of the property; and the charging of reasonable admissions to that property;
(3) Development of a statewide survey and inventory to identify and document historic properties, aviation artifacts, and burial sites, including all those owned by the State and the counties;
(4) Preparation of information for the Hawaii register of historic places and listing on the national register of historic places;
(5) Preparation, review, and revisions of a state historic preservation plan, including budget requirements and land use recommendations;
(6) Application for and receipt of gifts, grants, technical assistance, and other funding from public and private sources for the purposes of this chapter;
(7) Provision of technical and financial assistance to the counties and public and private agencies involved in historic preservation activities;
(8) Coordination of activities of the counties in accordance with the state plan for historic preservation;
(9) Stimulation of public interest in historic preservation, including the development and implementation of interpretive programs for historic properties listed on or eligible for the Hawaii register of historic places;
(10) Coordination of the evaluation and management of burial sites as provided in section 6E-43;
(11) Acquisition of burial sites in fee or in any lesser interest, by gift, purchase, condemnation, devise, bequest, land exchange, or other means, to be held in trust;
(12) Submittal of an annual report to the governor and legislature detailing the accomplishments of the year, recommendations for changes in the state plan or future programs relating to historic preservation, and an accounting of all income, expenditures, and the fund balance of the Hawaii historic preservation special fund;
(13) Regulation of archaeological activities throughout the State;
(14) Employment of sufficient professional and
technical staff for the purposes of this chapter which [
be in accordance with chapter 76;
(15) The charging of fees to at least partially defray the costs of administering sections 6E-3(13), 6E-8, and 6E-42 of this chapter;
(16) Adoption of rules in accordance with chapter 91, necessary to carry out the purposes of this chapter; and
(17) Development and adoption, in consultation with the office of Hawaiian affairs native historic preservation council, of rules governing permits for access by native Hawaiians and Hawaiians to cultural, historic, and pre-contact sites and monuments."
SECTION 3. Section 26-9, Hawaii Revised Statutes, is amended by amending subsection (o) to read as follows:
"(o) Every person licensed under any chapter within the jurisdiction of the department of commerce and consumer affairs and every person licensed subject to chapter 485A or registered under chapter 467B shall pay upon issuance of a license, permit, certificate, or registration a fee and a subsequent annual fee to be determined by the director and adjusted from time to time to ensure that the proceeds, together with all other fines, income, and penalties collected under this section, do not surpass the annual operating costs of conducting compliance resolution activities required under this section. The fees may be collected biennially or pursuant to rules adopted under chapter 91, and shall be deposited into the special fund established under this subsection. Every filing pursuant to chapter 514E or section 485A-202(a)(26) shall be assessed, upon initial filing and at each renewal period in which a renewal is required, a fee that shall be prescribed by rules adopted under chapter 91, and that shall be deposited into the special fund established under this subsection. Any unpaid fee shall be paid by the licensed person, upon application for renewal, restoration, reactivation, or reinstatement of a license, and by the person responsible for the renewal, restoration, reactivation, or reinstatement of a license, upon the application for renewal, restoration, reactivation, or reinstatement of the license. If the fees are not paid, the director may deny renewal, restoration, reactivation, or reinstatement of the license. The director may establish, increase, decrease, or repeal the fees when necessary pursuant to rules adopted under chapter 91. The director may also increase or decrease the fees pursuant to section 92-28.
There is created in the state treasury a
special fund to be known as the compliance resolution fund to be expended by
the director's designated representatives as provided by this subsection. Notwithstanding
any law to the contrary, all revenues, fees, and fines collected by the
department shall be deposited into the compliance resolution fund.
Unencumbered balances existing on June 30, 1999, in the cable television fund
under chapter 440G, the division of consumer advocacy fund under chapter 269,
the financial institution examiners' revolving fund, section 412:2-109, the
special handling fund, section 414-13, and unencumbered balances existing on
June 30, 2002, in the insurance regulation fund, section 431:2-215, shall be
deposited into the compliance resolution fund. This provision shall not apply
to the drivers education fund underwriters fee, section 431:10C-115, insurance
premium taxes and revenues, revenues of the workers' compensation special
compensation fund, section 386-151, the captive insurance administrative fund,
section 431:19-101.8, the insurance commissioner's education and training fund,
section 431:2-214, the medical malpractice patients' compensation fund as
administered under section 5 of Act 232, Session Laws of Hawaii 1984, and fees
collected for deposit in the office of consumer protection restitution fund,
section 487-14, the real estate appraisers fund, section 466K-1, the real
estate recovery fund, section 467-16, the real estate education fund, section
467-19, the contractors recovery fund, section 444-26, the contractors
education fund, section 444-29, the condominium management education fund,
section 514A-131, and the condominium education trust fund, section 514B-71. Any
law to the contrary notwithstanding, the director may use the moneys in the
fund to employ, without regard to chapter 76, hearings officers and attorneys.
All other employees [
may] shall be employed in accordance with
chapter 76. Any law to the contrary notwithstanding, the moneys in the fund
shall be used to fund the operations of the department. The moneys in the fund
may be used to train personnel as the director deems necessary and for any
other activity related to compliance resolution.
As used in this subsection, unless otherwise required by the context, "compliance resolution" means a determination of whether:
(1) Any licensee or applicant under any chapter subject to the jurisdiction of the department of commerce and consumer affairs has complied with that chapter;
(2) Any person subject to chapter 485A has complied with that chapter;
(3) Any person submitting any filing required by chapter 514E or section 485A-202(a)(26) has complied with chapter 514E or section 485A-202(a)(26);
(4) Any person has complied with the prohibitions against unfair and deceptive acts or practices in trade or commerce; or
(5) Any person subject to chapter 467B has complied with that chapter;
and includes work involved in or supporting the above functions, licensing, or registration of individuals or companies regulated by the department, consumer protection, and other activities of the department.
The director shall prepare and submit an annual report to the governor and the legislature on the use of the compliance resolution fund. The report shall describe expenditures made from the fund including non-payroll operating expenses."
SECTION 4. Section 28-10.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The attorney general may employ,
without regard to chapter 76, and at pleasure dismiss, an administrator to
oversee and carry out the resource coordination functions of the department set
forth in subsection (a). In addition, the attorney general may employ[
accordance with chapter 76,] other support staff necessary for the
performance of the resource coordination functions[ .]; provided that
the support staff shall be employed in accordance with chapter 76."
SECTION 5. Section 28-10.6, Hawaii Revised Statutes, is amended to read as follows:
"(b) The attorney general may employ,
without regard to chapter 76, and at the attorney general's pleasure dismiss,
an administrator to oversee and carry out the programs, projects, and
activities on the subject of crime, as set forth in subsection (a). The
attorney general may also employ other support staff[
, in accordance with
chapter 76,] necessary for the performance or coordination of the programs,
projects, and activities on the subject of crime[ .]; provided that
the support staff shall be employed in accordance with chapter 76."
SECTION 6. Section 76-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The civil service to which this chapter applies shall comprise all positions in the State now existing or hereafter established and embrace all personal services performed for the State, except the following:
(1) Commissioned and enlisted personnel of the Hawaii national guard as such, and positions in the Hawaii national guard that are required by state or federal laws or regulations or orders of the national guard to be filled from those commissioned or enlisted personnel;
(2) Positions filled by persons employed by contract where the director of human resources development has certified that the service is special or unique or is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures. Any such contract may be for any period not exceeding one year;
(3) Positions that must be filled without delay to comply with a court order or decree if the director determines that recruitment through normal recruitment civil service procedures would result in delay or noncompliance, such as the Felix-Cayetano consent decree;
(4) Positions filled by the legislature or by either house or any committee thereof;
(5) Employees in the office of the governor and office of the lieutenant governor, and household employees at Washington Place;
(6) Positions filled by popular vote;
(7) Department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor or are required by law to be confirmed by the senate;
(8) Judges, referees, receivers, masters, jurors, notaries public, land court examiners, court commissioners, and attorneys appointed by a state court for a special temporary service;
(9) One bailiff for the chief justice of the supreme court who shall have the powers and duties of a court officer and bailiff under section 606-14; one secretary or clerk for each justice of the supreme court, each judge of the intermediate appellate court, and each judge of the circuit court; one secretary for the judicial council; one deputy administrative director of the courts; three law clerks for the chief justice of the supreme court, two law clerks for each associate justice of the supreme court and each judge of the intermediate appellate court, one law clerk for each judge of the circuit court, two additional law clerks for the civil administrative judge of the circuit court of the first circuit, two additional law clerks for the criminal administrative judge of the circuit court of the first circuit, one additional law clerk for the senior judge of the family court of the first circuit, two additional law clerks for the civil motions judge of the circuit court of the first circuit, two additional law clerks for the criminal motions judge of the circuit court of the first circuit, and two law clerks for the administrative judge of the district court of the first circuit; and one private secretary for the administrative director of the courts, the deputy administrative director of the courts, each department head, each deputy or first assistant, and each additional deputy, or assistant deputy, or assistant defined in paragraph (16);
(10) First deputy and deputy attorneys general, the administrative services manager of the department of the attorney general, one secretary for the administrative services manager, an administrator and any support staff for the criminal and juvenile justice resources coordination functions, and law clerks;
(11) (A) Teachers, principals, vice-principals, complex area superintendents, deputy and assistant superintendents, other certificated personnel, not more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work;
(B) Effective July 1, 2003, teaching assistants, educational assistants, bilingual/bicultural school-home assistants, school psychologists, psychological examiners, speech pathologists, athletic health care trainers, alternative school work study assistants, alternative school educational/supportive services specialists, alternative school project coordinators, and communications aides in the department of education;
(C) The special assistant to the state librarian and one secretary for the special assistant to the state librarian; and
(D) Members of the faculty of the University of Hawaii, including research workers, extension agents, personnel engaged in instructional work, and administrative, professional, and technical personnel of the university;
(12) Employees engaged in special, research, or demonstration projects approved by the governor;
(13) Positions filled by inmates, kokuas, patients of state institutions, persons with severe physical or mental handicaps participating in the work experience training programs, and students and positions filled through federally funded programs that provide temporary public service employment such as the federal Comprehensive Employment and Training Act of 1973;
(14) A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;
(15) Positions filled by persons employed on a fee, contract, or piecework basis, who may lawfully perform their duties concurrently with their private business or profession or other private employment and whose duties require only a portion of their time, if it is impracticable to ascertain or anticipate the portion of time to be devoted to the service of the State;
(16) Positions of first deputies or first assistants of each department head appointed under or in the manner provided in section 6, Article V, of the State Constitution; three additional deputies or assistants either in charge of the highways, harbors, and airports divisions or other functions within the department of transportation as may be assigned by the director of transportation, with the approval of the governor; four additional deputies in the department of health, each in charge of one of the following: behavioral health, environmental health, hospitals, and health resources administration, including other functions within the department as may be assigned by the director of health, with the approval of the governor; an administrative assistant to the state librarian; and an administrative assistant to the superintendent of education;
(17) Positions specifically exempted from this part by any other law shall be repealed every three years unless extended by the legislature; provided that all of the positions defined by paragraph (9) shall be included in the position classification plan;
(18) Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects;
(19) Household employees at the official residence of the president of the University of Hawaii;
(20) Employees in the department of education engaged in the supervision of students during meal periods in the distribution, collection, and counting of meal tickets, and in the cleaning of classrooms after school hours on a less than half-time basis;
(21) Employees hired under the tenant hire program of the Hawaii public housing authority; provided that not more than twenty-six per cent of the authority's work force in any housing project maintained or operated by the authority shall be hired under the tenant hire program;
(22) Positions of the federally funded expanded food and nutrition program of the University of Hawaii that require the hiring of nutrition program assistants who live in the areas they serve;
(23) Positions filled by severely handicapped persons who are certified by the state vocational rehabilitation office that they are able to perform safely the duties of the positions;
(24) One public high school student to be selected by the Hawaii state student council as a nonvoting member on the board of education as authorized by the State Constitution;
(25) Sheriff, first deputy sheriff, and second deputy sheriff;
(26) A gender and other fairness coordinator hired by the judiciary; and
(27) Positions in the Hawaii national guard youth challenge academy.
The director shall determine the applicability of this section to specific positions.
Nothing in this section shall be deemed to affect the civil service status of any incumbent as it existed on July 1, 1955."
SECTION 7. Section 174C-5, Hawaii Revised Statutes, is amended to read as follows:
"§174C‑5 General powers and duties. The general administration of the state water code shall rest with the commission on water resource management. In addition to its other powers and duties, the commission:
(1) Shall carry out topographic surveys, research, and investigations into all aspects of water use and water quality;
(2) Shall designate water management areas for regulation under this chapter where the commission, after the research and investigations mentioned in paragraph (1), shall consult with the appropriate county council and county water agency, and after public hearing and published notice, finds that the water resources of the areas are being threatened by existing or proposed withdrawals of water;
(3) Shall establish an instream use protection program designed to protect, enhance, and reestablish, where practicable, beneficial instream uses of water in the State;
(4) May contract and cooperate with the various agencies of the federal government and with state and local administrative and governmental agencies or private persons;
(5) May enter, after obtaining the consent of the property owner, at all reasonable times upon any property other than dwelling places for the purposes of conducting investigations and studies or enforcing any of the provisions of this code, being liable, however, for actual damage done. If consent cannot be obtained, reasonable notice shall be given prior to entry;
(6) Shall cooperate with federal agencies, other state agencies, county or other local governmental organizations, and all other public and private agencies created for the purpose of utilizing and conserving the waters of the State, and assist these organizations and agencies in coordinating the use of their facilities and participate in the exchange of ideas, knowledge, and data with these organizations and agencies. For this purpose the commission shall maintain an advisory staff of experts;
(7) Shall prepare, publish, and issue printed pamphlets and bulletins as the commission deems necessary for the dissemination of information to the public concerning its activities;
(8) May appoint and remove agents, including hearings officers and consultants, necessary to carry out the purposes of this chapter, who may be engaged by the commission without regard to the requirements of chapter 76 and section 78-1;
May] Shall hire employees in
accordance with chapter 76;
(10) May acquire, lease, and dispose of such real and personal property as may be necessary in the performance of its functions, including the acquisition of real property for the purpose of conserving and protecting water and water related resources as provided in section 174C-14;
(11) Shall identify, by continuing study, those areas of the State where salt water intrusion is a threat to fresh water resources and report its findings to the appropriate county mayor and council and the public;
(12) Shall provide coordination, cooperation, or approval necessary to the effectuation of any plan or project of the federal government in connection with or concerning the waters of the State. The commission shall approve or disapprove any federal plans or projects on behalf of the State. No other agency or department of the State shall assume the duties delegated to the commission under this paragraph; except that the department of health shall continue to exercise the powers vested in it with respect to water quality, and except that the department of business, economic development, and tourism shall continue to carry out its duties and responsibilities under chapter 205A;
(13) Shall plan and coordinate programs for the development, conservation, protection, control, and regulation of water resources, based upon the best available information, and in cooperation with federal agencies, other state agencies, county or other local governmental organizations, and other public and private agencies created for the utilization and conservation of water;
(14) Shall catalog and maintain an inventory of all water uses and water resources; and
(15) Shall determine appurtenant water rights, including quantification of the amount of water entitled to by that right, which determination shall be valid for purposes of this chapter."
SECTION 8. Section 202-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The workforce development council shall appoint and fix the compensation of an executive director, who shall be exempt from chapter 76, and [may] shall employ any other personnel as it deems advisable within chapter 76."
SECTION 9. Section 206E-4, Hawaii Revised Statutes, is amended to read as follows:
"§206E-4 Powers; generally. Except as otherwise limited by this chapter, the authority may:
(1) Sue and be sued;
(2) Have a seal and alter the same at pleasure;
(3) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;
(4) Make and alter bylaws for its organization and internal management;
(5) Make rules with respect to its projects, operations, properties, and facilities, which rules shall be in conformance with chapter 91;
(6) Through its executive director appoint officers[
and agents, [ and employees,] prescribe their duties and qualifications,
and fix their salaries, without regard to chapter 76[ ;], and appoint employees
in accordance with chapter 76;
(7) Prepare or cause to be prepared a community development plan for all designated community development districts;
(8) Acquire, reacquire, or contract to acquire or reacquire by grant or purchase real, personal, or mixed property or any interest therein; to own, hold, clear, improve, and rehabilitate, and to sell, assign, exchange, transfer, convey, lease, or otherwise dispose of or encumber the same;
(9) Acquire or reacquire by condemnation real, personal, or mixed property or any interest therein for public facilities, including but not limited to streets, sidewalks, parks, schools, and other public improvements;
(10) By itself, or in partnership with qualified persons, acquire, reacquire, construct, reconstruct, rehabilitate, improve, alter, or repair or provide for the construction, reconstruction, improvement, alteration, or repair of any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of or encumber any project, and in the case of the sale of any project, accept a purchase money mortgage in connection therewith; and repurchase or otherwise acquire any project which the authority has theretofore sold or otherwise conveyed, transferred, or disposed of;
(11) Arrange or contract for the planning, replanning, opening, grading, or closing of streets, roads, roadways, alleys, or other places, or for the furnishing of facilities or for the acquisition of property or property rights or for the furnishing of property or services in connection with a project;
(12) Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on such terms and conditions as it deems advisable;
(13) Prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time to modify such plans, specifications, designs, or estimates;
(14) Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, in order to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;
(15) Procure insurance against any loss in connection with its property and other assets and operations in such amounts and from such insurers as it deems desirable;
(16) Contract for and accept gifts or grants in any form from any public agency or from any other source;
(17) Do any and all things necessary to carry out its purposes and exercise the powers given and granted in this chapter; and
(18) Allow satisfaction of any affordable housing requirements imposed by the authority upon any proposed development project through the construction of reserved housing, as defined in section 206E-101, by a person on land located outside the geographic boundaries of the authority's jurisdiction. Such substituted housing shall be located on the same island as the development project and shall be substantially equal in value to the required reserved housing units that were to be developed on site. The authority shall establish the following priority in the development of reserved housing:
(A) Within the community development district;
(B) Within areas immediately surrounding the community development district;
(C) Areas within the central urban core;
(D) In outlying areas within the same island as the development project.
The Hawaii community development authority shall adopt rules relating to the approval of reserved housing that are developed outside of a community development district. The rules shall include, but are not limited to, the establishment of guidelines to ensure compliance with the above priorities."
SECTION 10. Section 342G-12.5, Hawaii Revised Statutes, is amended to read as follows:
coordinator. There is established a position of assistant to the
coordinator of the office of solid waste management to be known as the
recycling coordinator. The position [
may] shall be appointed by
the director in accordance with chapter 76."
SECTION 11. Section 346D-8, Hawaii Revised Statutes, is amended to read as follows:
"§346D-8 Personnel exempt. The
department of human services [
may] shall employ civil service
personnel in accordance with chapter 76 to service the waiver programs."
SECTION 12. Section 371K-3, Hawaii Revised Statutes, is amended to read as follows:
"§371K‑3 General functions, duties, and powers of the executive director. The executive director shall:
(1) Serve as the principal official in state government responsible for the coordination of programs for the needy, poor, and disadvantaged persons, refugees, and immigrants;
(2) Oversee, supervise, and direct the performance by subordinates of activities in such areas as planning, evaluation, and coordination of programs for disadvantaged persons, refugees, and immigrants and development of a statewide service delivery network;
(3) Assess the policies and practices of public and private agencies impacting on the disadvantaged and conduct advocacy efforts on behalf of the disadvantaged, refugees, and immigrants;
(4) Devise and recommend legislative and administrative actions for the improvement of services for the disadvantaged, refugees, and immigrants;
(5) Serve as a member of advisory boards and panels of state agencies in such areas as child development programs, elder programs, social services programs, health and medical assistance programs, refugee assistance programs, and immigrant services programs;
(6) Administer funds allocated for the office of community services; and apply for, receive, and disburse grants and donations from all sources for programs and services to assist the disadvantaged, refugees, and immigrants;
(7) Adopt, amend, and repeal rules pursuant to chapter 91 for purposes of this chapter;
(8) Retain [
such] staff as may be necessary
for the purposes of this chapter, who [ may be exempt from] shall be
employed in accordance with chapter 76;
(9) Contract for services as may be necessary for the purposes of this chapter;
(10) Orient members of the advisory council to the goals, functions, and programs of the office; and
(11) Seek the input of council members on all matters pertaining to the functions of the office."
SECTION 13. Section 373C-33, Hawaii Revised Statutes, is amended to read as follows:
"§373C‑33 Personnel. The
department of labor and industrial relations [
establish positions and hire necessary personnel for the purposes of this part in
accordance with chapter 76."
SECTION 14. Section 383-128, Hawaii Revised Statutes, is amended by amending subsection (k) to read as follows:
"(k) The director may establish positions and hire necessary personnel to establish and administer the employment and training fund; provided that after the effective date of Act , Session Laws of Hawaii 2009, positions shall be established and personnel shall be hired in accordance with chapter 76."
SECTION 15. Section 412:2-109, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The commissioner may appoint financial
institution examiners, [
in accordance with chapter 76,] who shall
examine the affairs, transactions, accounts, records, documents, and assets of
financial institutions[ .]; provided that the financial institution examiners
shall be appointed in accordance with chapter 76. The commissioner may
also [ may] appoint administrative support personnel, [ in accordance
with chapter 76,] who shall assist and support the examiners[ .];
provided that the administrative support personnel shall be appointed in
accordance with chapter 76. The commissioner may pay the salaries of
the financial institution examiners and administrative support personnel from
the compliance resolution fund."
SECTION 16. Section 440G-12, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) The director may appoint, without regard to chapter 76, an administrator and one or more attorneys for purposes of enforcing this chapter. The director shall define their powers and duties and fix their compensation. The director may also appoint professional, clerical, stenographic, and other staff as may be necessary for the proper administration and enforcement of this chapter, provided that they are appointed subject to chapter 76."
SECTION 17. Section 802-12, Hawaii Revised Statutes, is amended to read as follows:
Organization of office; assistance. Subject to the approval of the
defender council, the state public defender may employ assistant state public
defenders and other employees, including investigators, as may be necessary to
discharge the function of the office. Assistant state1 public defenders shall
be qualified to practice before the supreme court of this State. Assistant
state public defenders shall be appointed without regard to chapter 76 and
shall serve at the pleasure of the state public defender. All other employees [
shall be appointed in accordance with chapter 76. An assistant state
public defender may be employed on a part-time basis, and when so employed, the
assistant public defender may engage in the general practice of law, other than
in the practice of criminal law."
SECTION 18. In printing this Act, the revisor of statutes shall substitute in section 383-128(k), Hawaii Revised Statutes, of section 14, the corresponding act number of this Act.
SECTION 19. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 20. This Act shall take effect upon approval.