HOUSE OF REPRESENTATIVES

H.B. NO.

2302

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CAPITAL IMPROVEMENT PROJECTS.

 

 

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

 


PART I

     SECTION 1.  The legislature finds that temporary exemptions are necessary to expedite the construction and improvement of public housing units and public infrastructure.  The legislature also finds that temporary exemptions achieve the dual benefits of promoting jobs in the local economy and developing valuable public assets.  Moreover, the legislature finds that the repair and maintenance of vacant public housing units should reduce the turnaround time between vacating and incoming tenants, thereby resulting in an increase in the affordable housing inventory.

     The purpose of this part is to address economic revitalization.  Specifically, this part temporarily exempts the following from the state and county civil service:

     (1)  Persons hired or contracted to repair and maintain vacant public housing units; and

     (2)  Persons hired or contracted to perform planning, design, engineering, or permit processing work for state or county capital improvement projects.

     SECTION 2.  Section 46-33, Hawaii Revised Statutes, is amended to read as follows:

     "§46-33  Exemption of certain county positions.  In any county with a population of [500,000] five hundred thousand or more, the civil service to which this section refers is comprised of all positions in the public service of [such] the county, now existing or hereafter established, and embraces all personal services performed for [such] the county, except the following:

     (1)  Positions of officers elected by public vote; positions of heads of departments; position of the clerk; position of the manager of the board of water supply and position of the chief of police[.];

     (2)  Positions in the office of the mayor, but [such] those  positions, except those of the heads of the offices of information and complaint and budget director, shall be included in the position classification plan.  Employees of the municipal library and of the offices of information and complaint and budget director, other than the heads of [such] the offices, however, shall not be exempted from civil service[.];

     (3)  Positions of deputies of the corporation counsel, deputies of the prosecuting attorney, and law clerks[.];

     (4)  Positions of members of any board, commission, or equivalent body[.];

     (5)  Positions filled by inmates, patients, or students in city institutions or in the schools[.];

     (6)  Positions of district magistrates, jurors, and witnesses[.];

     (7)  Personal services obtained by contract where the director of civil service has certified that the service is special or unique, is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform [such] the service cannot be obtained through normal civil service recruitment procedures.  Any such contract may be for any period not exceeding one year[.];

     (8)  Personal services of a temporary nature needed in the public interest where the need for the same does not exceed ninety days, but before any person may be employed to render [such] the temporary service, the director of civil service shall certify that the service is of a temporary nature and that recruitment through normal civil service recruitment procedures is not practicable.  The employment of any person for service of a temporary nature may be extended for good cause for an additional period not to exceed ninety days upon similar certification by the director subject to approval of the civil service commission[.];

     (9)  Personal services performed on a fee, contract, or piecework basis by persons who may lawfully perform their duties concurrently with their private business or profession or other private employment, if any, and whose duties require only a portion of their time, where it is impracticable to ascertain or anticipate the portion of time devoted to the service of the city and [such] that fact is certified to by the director of civil service[.];

    (10)  Positions of temporary election clerks in the office of the clerk employed during the election periods, but the positions filled by [such] those employees shall be included in the position classification plan[.];

    (11)  Positions of one first deputy and private secretaries to heads of departments and their first deputies, but private secretarial positions shall be included in the position classification plan.  The first deputy in the department of civil service, however, shall not be exempt from civil service[.]; and

    (12)  From July 1, 2012 to June 30, 2015, persons hired or contracted to perform:

         (A)  Repair or maintenance work on vacant housing units under the jurisdiction of the county; or

         (B)  Planning, design, engineering, or permit processing work for capital improvement projects of a county agency.

The director of civil service shall determine the applicability of this section to specific positions."

     SECTION 3.  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 [Hawaii] 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; 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 except during the time period specified in paragraph (27), 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)  The sheriff;

    (25)  A gender and other fairness coordinator hired by the judiciary; [and]

    (26)  Positions in the Hawaii national guard youth and adult education programs[.]; and

    (27)  From July 1, 2012 to June 30, 2015, persons hired or contracted to perform:

         (A)  Repair or maintenance work on vacant housing units under the jurisdiction of the Hawaii public housing authority or Hawaii housing and finance development corporation; or

         (B)  Planning, design, engineering, or permit processing work for capital improvement projects of a state agency.

     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 4.  Section 76-77, Hawaii Revised Statutes, is amended to read as follows:

     "§76-77  Civil service and exemptions.  The civil service to which this part applies comprises all positions in the public service of each county, now existing or hereafter established, and embraces all personal services performed for each county, except the following:

     (1)  Positions in the office of the mayor; provided that the positions shall be included in the classification systems;

     (2)  Positions of officers elected by public vote, positions of heads of departments, and positions of one first deputy or first assistant of heads of departments;

     (3)  Positions of deputy county attorneys, deputy corporation counsel, deputy prosecuting attorneys, and law clerks;

     (4)  Positions of members of any board, commission, or agency;

     (5)  Positions filled by students; positions filled through federally funded programs which provide temporary public service employment such as the federal Comprehensive Employment and Training Act of 1973; and employees engaged in special research or demonstration projects approved by the mayor, for which projects federal funds are available;

     (6)  Positions of district judges, jurors, and witnesses;

     (7)  Positions filled by persons employed by contract where the personnel director has certified that the service is special or unique, is essential to the public interest, and that because of the circumstances surrounding its fulfillment, personnel to perform the service cannot be recruited through normal civil service procedures; provided that no contract pursuant to this paragraph shall be for any period exceeding one year;

     (8)  Positions of a temporary nature needed in the public interest where the need does not exceed ninety days; provided that before any person may be employed to render temporary service pursuant to this paragraph, the director shall certify that the service is of a temporary nature and that recruitment through normal civil service recruitment procedures is not practicable; and provided further that the employment of any person pursuant to this paragraph may be extended for good cause for an additional period not to exceed ninety days upon similar certification by the director;

     (9)  Positions of temporary election clerks in the office of the county clerk employed during election periods;

    (10)  Positions specifically exempted from this part by any other state statutes;

    (11)  Positions of one private secretary for each department head; provided that the positions shall be included in the classification systems;

    (12)  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, if any, and whose duties require only a portion of their time, where it is impracticable to ascertain or anticipate the portion of time devoted to the service of the county and that fact is certified by the director;

    (13)  Positions filled by persons with a severe disability who are certified by the state vocational rehabilitation office as able to safely perform the duties of the positions;

    (14)  Positions of the housing and community development office or department of each county; provided that this exemption shall not preclude each county from establishing these positions as civil service positions;

    (15)  The following positions in the office of the prosecuting attorney:  private secretary to the prosecuting attorney, secretary to the first deputy prosecuting attorney, and administrative or executive assistants to the prosecuting attorney; provided that  the positions shall be included in the classification systems; [and]

    (16)  Positions or contracts for personal services with private persons or entities for services lasting no more than one year and at a cost of no more than $750,000; provided that the exemption under this paragraph shall apply to contracts for building, custodial, and grounds maintenance services with qualified community rehabilitation programs, as defined in section 103D-1001, lasting for no more than a year and at a cost of no more than $850,000[.]; and

    (17)  From July 1, 2012 to June 30, 2015, persons hired or contracted to perform:

         (A)  Repair or maintenance work on vacant housing units under the jurisdiction of the county; or

         (B)  Planning, design, engineering, or permit processing work for capital improvement projects of a county agency.

     The director shall determine the applicability of this section to specific positions and shall determine whether or not positions exempted by paragraphs (7) and (8) shall be included in the classification systems.

     Nothing in this section shall be deemed to affect the civil service status of any incumbent private secretary of a department head who held that position on May 7, 1977."

     SECTION 5.  (a)  Upon the repeal of this Act, an employee hired by the State or a county pursuant to this Act may be:

     (1)  Terminated; or

     (2)  Retained by the respective public employer; provided that the employee shall be subject to all civil service employment requirements for the position for which the employee seeks to be retained or transferred and shall not receive any civil service experience credit for work performed while employed pursuant to this Act.

     (b)  The director of the public agency employing an employee subject to subsection (a) shall determine whether to terminate or retain an employee subject to this Act; provided that if the employee is to be retained, all costs associated with retaining the employee shall be covered by the public agency's existing budget.

PART II

     SECTION 6.   The legislature finds that many public housing projects in the State are in poor condition.  During the 2010 federal inspections for housing projects last year, eleven out of the sixty-five federal housing projects failed to pass inspection, receiving a score of fifty-nine or below out of a possible one hundred.  Approximately one-third of the housing projects received a score of sixty-nine or below.  To address the host of problems plaguing public housing, the Hawaii public housing authority recently embarked on a major turnaround plan that involves revamping vacant units, streamlining how applications are processed, and encouraging a fast turnaround for filling vacancies.  In recent reports, as many as four hundred to six hundred units are not being rented due to uninhabitable conditions.  According to a 2003 assessment at Kuhio park terrace, the largest and one of the oldest public housing projects in Hawaii, the estimated capital improvement cost would be approximately $63,000,000.

     The legislature also finds that in addition to increasing problems in public housing, high unemployment in the construction and trade industry exacerbates economic problems for individuals that are within the low- to moderate-income population, which is commonly referred to as the "gap group", and includes individuals with gross incomes that fall between one hundred twenty-five per cent and two hundred fifty per cent of federal poverty guidelines.  This population is especially vulnerable to becoming homeless if adequate, habitable, and affordable housing is unavailable.

     The purpose of this part is to provide funding to improve the public housing inventory in the State.

     SECTION 7.  The director of finance is authorized to issue general obligation bonds in the sum of $5,000,000 or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2012-2013 to renovate public housing units that are uninhabitable.

     SECTION 8.  The sum appropriated under section 7 shall be expended by the Hawaii public housing authority for the purposes of this part.

     SECTION 9.  The appropriation made for capital improvement projects authorized by this part shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all moneys from the appropriation unencumbered as of June 30, 2014, shall lapse as of that date.

     SECTION 10.  Notwithstanding any law to the contrary, capital improvement projects executed under this part shall be exempt from the contest provisions of chapter 103D, Hawaii Revised Statutes.

PART III

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect on July 1, 2012; provided that part I of this Act shall be repealed on July 1, 2015, and sections 46-33, 76-16(b), and 76-77, Hawaii Revised
Statutes, shall be reenacted in the form in which they read on the day before the effective date of this Act.



 

Report Title:

Temporary Civil Service Exemption; Hawaii Public Housing Authority; Appropriation

 

Description:

Exempts temporarily from the state and county civil service:  (1) persons hired or contracted to repair and maintain vacant state or county housing units; and (2) persons hired or contracted to perform planning, design, engineering, or permit processing work for state or county capital improvement projects.  Makes an appropriation out of general obligation bonds to the Hawaii public housing authority for renovating uninhabitable public housing units.  Effective July 1, 2012.  (HB2302 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.