1090
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC SAFETY.



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

 1      SECTION 1.  Section 26-14.6, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (h) to read as follows:
 
 3      "(h)  Effective [January 1, 1993] July 1, 1999, the
 
 4 functions and authority heretofore exercised by the
 
 5 [superintendent of education] director of public safety and the
 
 6 department of [education] public safety relating to after hours
 
 7 security contracts at [its] department of education facilities,
 
 8 [including] except for the security functions being performed by
 
 9 employees of the public library system as well as the contractual
 
10 security services for the libraries, shall be transferred to the
 
11 department of [public safety.] education."
 
12      SECTION 2.  All rights, powers, functions, and duties of the
 
13 department of public safety relating to the after hour security
 
14 contracts at department of education facilities shall be
 
15 transferred to the department of education.
 
16      All officers and employees of the department of public
 
17 safety whose functions are transferred by this Act shall be
 
18 transferred with their functions and shall continue to perform
 
19 their regular duties upon the transfer, subject to the state
 

 
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 1 personnel laws and this Act.
 
 2      No officer or employee of the State having tenure who is
 
 3 transferred by this Act shall suffer any loss of salary,
 
 4 seniority, prior service credit, vacation, sick leave, or other
 
 5 employee benefit or privilege as a consequence of this Act, and
 
 6 such officer or employee may be transferred or appointed to a
 
 7 civil service position without the necessity of examination;
 
 8 provided that the officer or employee possesses the minimum
 
 9 qualifications for the position to which transferred or
 
10 appointed; and provided that subsequent changes in status may be
 
11 made pursuant to applicable civil service and compensation laws.
 
12      An officer or employee of the State who does not have tenure
 
13 and who may be transferred or appointed to a civil service
 
14 position as a consequence of this Act shall become a civil
 
15 service employee without any loss of salary, seniority, prior
 
16 service credit, vacation, sick leave, or other employee benefits
 
17 or privileges and without the necessity of examination; provided
 
18 that the officer or employee possesses the minimum qualifications
 
19 for the position to which transferred or appointed.
 
20      In the event that an office or position held by an officer
 
21 or employee having tenure is abolished, the officer or employee
 
22 shall not thereby be separated from public employment, but shall
 
23 remain in the employment of the State with the same pay and
 

 
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 1 classification and shall be transferred to some other office or
 
 2 position for which the officer or employee is eligible under the
 
 3 personnel laws of the State as determined by the head of the
 
 4 department or the governor.
 
 5      SECTION 3.  All appropriations, records, equipment,
 
 6 machines, files, supplies, contracts, books, papers, documents,
 
 7 maps, and other personal property heretofore made, used,
 
 8 acquired, or held by the department of public safety relating to
 
 9 the functions transferred to the department of education shall be
 
10 transferred with the functions to which they relate.
 
11      SECTION 4.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 5.  This Act shall take effect upon its approval. 
 
14 
 
15                           INTRODUCED BY:  _______________________
 

 
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