REPORT TITLE:
Community Services


DESCRIPTION:
Authorizes the executive director of the office of community
services to transfer various programs from that office to the
department of human services in order to maximize federal block
grant funding.  (HB2154 SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2154
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                S.D. 2
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COMMUNITY SERVICES.



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

 1      SECTION 1.  The legislature finds that the office of
 
 2 community services, which is administratively attached to the
 
 3 department of labor and industrial relations, is mandated to
 
 4 provide needed programs and services for Hawaii's economically
 
 5 disadvantaged, immigrants, and refugees.  The office contracts
 
 6 programs and services on behalf of the state and federal
 
 7 governments primarily to private, nonprofit service providers.
 
 8      The legislature further finds that the office of community
 
 9 services was established primarily to receive grants from the
 
10 United States Department of Health and Human Services pursuant to
 
11 42 United States Code, Section 9901 et seq.  The main purpose of
 
12 the federal grants was the "reduction of poverty, the
 
13 revitalization of low-income communities, and the empowerment of
 
14 low-income families and individuals in rural and urban areas to
 
15 become fully self-sufficient", particularly those trying to
 
16 transition out of welfare (42 U.S.C. §9901).
 
17      The legislature finds, however, that in order to maximize
 
18 federal block grant funding, there is a need to transfer certain
 
19 programs from within the office of community services to the
 

 
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 1 department of human services.  Accordingly, the purpose of this
 
 2 Act is to initiate the transfer to the department of human
 
 3 services of:
 
 4      (1)  Those community service programs that will serve to
 
 5           maximize federal block grant funding, along with
 
 6           federal block grant funds for fiscal year 2000-2001;
 
 7           and
 
 8      (2)  Any other community service programs that desire to
 
 9           move to the department for any other reason.
 
10      This Act also requires the advisory council for community
 
11 services within the office of community services to advise the
 
12 executive director as to those programs that should be
 
13 transferred to the department so as to maximize block grant
 
14 funding.  In addition, the director of human services is directed
 
15 to provide and administer necessary support services to those
 
16 programs that have transferred to the department from the office
 
17 of community services.
 
18      SECTION 2.  Section 346-14, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "§346-14  Duties generally.  Except as otherwise provided by
 
21 law, the department of human services shall:
 
22      (1)  Establish and administer programs and standards, and
 
23           adopt rules as deemed necessary for all public
 

 
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 1           assistance programs;
 
 2      (2)  Establish, extend, and strengthen services for the
 
 3           protection and care of abused or neglected children and
 
 4           children in danger of becoming delinquent to make
 
 5           paramount the safety and health of children who have
 
 6           been harmed or are in life circumstances that threaten
 
 7           harm;
 
 8      (3)  Establish and administer programs, and adopt rules as
 
 9           deemed necessary, for the prevention of domestic and
 
10           sexual violence and the protection and treatment of
 
11           victims of domestic and sexual violence;
 
12      (4)  Assist in preventing family breakdown;
 
13      (5)  Place, or cooperate in placing, abused or neglected
 
14           children in suitable private homes or institutions and
 
15           place, or cooperate in placing, children in suitable
 
16           adoptive homes;
 
17      (6)  Have authority to establish, maintain, and operate
 
18           receiving homes for the temporary care and custody of
 
19           abused or neglected children until suitable plans are
 
20           made for their care; and accept from the police and
 
21           other agencies, for temporary care and custody, any
 
22           abused or neglected child until satisfactory plans are
 
23           made for the child;
 

 
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 1      (7)  Administer the medical assistance programs for eligible
 
 2           public welfare and other medically needy individuals by
 
 3           establishing standards, eligibility, and health care
 
 4           participation rules, payment methodologies,
 
 5           reimbursement allowances, systems to monitor recipient
 
 6           and provider compliance, and assuring compliance with
 
 7           federal requirements to maximize federal financial
 
 8           participation;
 
 9      (8)  Cooperate with the federal government in carrying out
 
10           the purposes of the Social Security Act and in other
 
11           matters of mutual concern pertaining to public welfare,
 
12           public assistance, and child welfare services,
 
13           including the making of reports, the adoption of
 
14           methods of administration, and the making of rules as
 
15           are found by the federal government, or any properly
 
16           constituted authority thereunder, to be necessary or
 
17           desirable for the efficient operation of the plans for
 
18           public welfare, assistance, and child welfare services
 
19           or as may be necessary or desirable for the receipt of
 
20           financial assistance from the federal government;
 
21      (9)  Carry on research and compile statistics relative to
 
22           public and private welfare activities throughout the
 
23           State, including those dealing with dependence,
 

 
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 1           defectiveness, delinquency, and related problems;
 
 2     (10)  Develop plans in cooperation with other public and
 
 3           private agencies for the prevention and treatment of
 
 4           conditions giving rise to public welfare problems;
 
 5     (11)  Adopt rules governing the procedure in hearings,
 
 6           investigations, recording, registration, determination
 
 7           of allowances, and accounting and conduct other
 
 8           activities as may be necessary or proper to carry out
 
 9           this chapter;
 
10     (12)  Supervise or administer any other activities authorized
 
11           or required by this chapter, including the development
 
12           of the staff of the department through in-service
 
13           training and educational leave to attend schools and
 
14           other appropriate measures, and any other activities
 
15           placed under the jurisdiction of the department by any
 
16           other law;
 
17     (13)  Make, prescribe, and enforce policies and rules
 
18           governing the activities provided for in section 346-31
 
19           it deems advisable, including the allocation of moneys
 
20           available for assistance to persons assigned to work
 
21           projects among the several counties or to particular
 
22           projects where the apportionment has not been made
 
23           pursuant to other provisions of law, if any, governing
 

 
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 1           expenditures of the funds;
 
 2     (14)  Determine the appropriate level for the Hawaii security
 
 3           net, by developing a tracking and monitoring system to
 
 4           determine what segments of the population are not able
 
 5           to afford the basic necessities of life, and advise the
 
 6           legislature annually regarding the resources required
 
 7           to maintain the security net at the appropriate level;
 
 8     (15)  Subject to the appropriation of state funds and
 
 9           availability of federal matching assistance, expand
 
10           optional health care to low-income persons as follows:
 
11           (A)  Pregnant women and infants under one year of age
 
12                living in families with incomes up to one hundred
 
13                eighty-five per cent of the federal poverty level
 
14                and without any asset restrictions;
 
15           (B)  Children under six years of age living in families
 
16                with incomes up to one hundred thirty-three per
 
17                cent of the federal poverty level and without any
 
18                asset restrictions;
 
19           (C)  Older children to the extent permitted under
 
20                optional federal medicaid rules;
 
21           (D)  Elder persons;
 
22           (E)  Aliens;
 
23           (F)  The homeless; and
 

 
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 1           (G)  Other handicapped and medically needy persons;
 
 2                [and]
 
 3     (16)  Subject to the appropriation of state funds and
 
 4           availability of federal matching assistance, establish
 
 5           the income eligibility level for the medically needy
 
 6           program at one hundred thirty-three per cent of the
 
 7           assistance allowance[.]; and
 
 8     (17)  Administer support services, including federal block
 
 9           grant appropriations, to those programs that have been
 
10           transferred to the department from the office of
 
11           community services pursuant to section 371K-3(7)."
 
12      SECTION 3.  Section 371K-3, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "§371K-3 General functions, duties, and powers of the
 
15 executive director.  The executive director shall:
 
16      (1)  Serve as the principal official in state government
 
17           responsible for the coordination of programs for the
 
18           needy, poor, and disadvantaged persons, refugees, and
 
19           immigrants;
 
20      (2)  Oversee, supervise, and direct the performance by
 
21           subordinates of activities in such areas as planning,
 
22           evaluation, and coordination of programs for
 
23           disadvantaged persons, refugees, and immigrants and
 

 
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 1           development of a statewide service delivery network;
 
 2      (3)  Assess the policies and practices of public and private
 
 3           agencies impacting on the disadvantaged and conduct
 
 4           advocacy efforts on behalf of the disadvantaged,
 
 5           refugees, and immigrants;
 
 6      (4)  Devise and recommend legislative and administrative
 
 7           actions for the improvement of services for the
 
 8           disadvantaged, refugees, and immigrants;
 
 9      (5)  Serve as a member of advisory boards and panels of
 
10           state agencies in such areas as child development
 
11           programs, elder programs, social services programs,
 
12           health and medical assistance programs, refugee
 
13           assistance programs, and immigrant services programs;
 
14      (6)  Administer funds allocated for the office of community
 
15           services; and apply for, receive, and disburse grants
 
16           and donations from all sources for programs and
 
17           services to assist the disadvantaged, refugees, and
 
18           immigrants;
 
19      (7)  Select, provide for, and oversee the transfer of the
 
20           following programs within the office to the department
 
21           of human services:
 
22           (A)  Those programs that will serve to maximize federal
 
23                block grant funding; and
 

 
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 1           (B)  Any other programs that desire to transfer to the
 
 2                department for any other reason;
 
 3     [(7)] (8)  Adopt, amend, and repeal rules pursuant to chapter
 
 4           91 for purposes of this chapter;
 
 5     [(8)] (9)  Retain such staff as may be necessary for the
 
 6           purposes of this chapter, who shall be exempt from
 
 7           chapters 76 and 77;
 
 8     [(9)] (10)  Contract for such services as may be necessary
 
 9           for the purposes of this chapter;
 
10    [(10)] (11)  Orient members of the advisory council to the
 
11           goals, functions, and programs of the office; and
 
12    [(11)] (12)  Seek the input of council members on all matters
 
13           pertaining to the functions of the office."
 
14      SECTION 4.  Section 371K-6, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "[[]§371K-6[]]  Council, duties.  The council shall:
 
17      (1)  Advise the executive director, the governor, and the
 
18           legislature on matters relating to programs and
 
19           services for the disadvantaged, refugees, and
 
20           immigrants;
 
21      (2)  Assist the executive director in determining program
 
22           and policy needs and priorities for the State in
 
23           establishing and implementing a comprehensive program
 

 
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 1           for the disadvantaged, refugees, and immigrants in
 
 2           accordance with the goals and objectives expressed in
 
 3           this chapter;
 
 4      (3)  Assist the executive director in formulating short-term
 
 5           and long-range goals for programs and services for the
 
 6           disadvantaged, refugees, and immigrants;
 
 7      (4)  Assist the executive director in consulting with and
 
 8           seeking the opinion of the general public in relation
 
 9           to a comprehensive system of programs and services for
 
10           the disadvantaged, refugees, and immigrants;
 
11      (5)  Assist the executive director in the evaluation of
 
12           general and specific policies relating to the needs of
 
13           the disadvantaged, refugees, and immigrants; [and]
 
14      (6)  Assist the executive director in encouraging both
 
15           public and private agencies and programs to work toward
 
16           the development and maintenance of a comprehensive and
 
17           coordinated system for human services[.]; and
 
18      (7)  Advise and assist the executive director in determining
 
19           which programs within the office should be transferred
 
20           to the department of human services to maximize federal
 
21           block grant funding."
 
22      SECTION 5.  All rights, powers, functions, and duties of the
 
23 office of community services with respect to those programs that
 

 
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 1 are selected by the executive director of that office pursuant to
 
 2 section 371K-3(7), Hawaii Revised Statutes, are transferred to
 
 3 the department of human services pursuant to this Act.
 
 4      All officers and employees whose functions are transferred
 
 5 by this Act shall be transferred with their functions and shall
 
 6 continue to perform their regular duties upon their transfer,
 
 7 subject to the state personnel laws and this Act.
 
 8      No officer or employee of the State having tenure shall
 
 9 suffer any loss of salary, seniority, prior service credit,
 
10 vacation, sick leave, or other employee benefit or privilege as a
 
11 consequence of this Act, and such officer or employee may be
 
12 transferred or appointed to a civil service position without the
 
13 necessity of examination; provided that the officer or employee
 
14 possesses the minimum qualifications for the position to which
 
15 transferred or appointed; and provided that subsequent changes in
 
16 status may be made pursuant to applicable civil service and
 
17 compensation laws.
 
18      An officer or employee of the State who does not have tenure
 
19 and who may be transferred or appointed to a civil service
 
20 position as a consequence of this Act shall become a civil
 
21 service employee without the loss of salary, seniority, prior
 
22 service credit, vacation, sick leave, or other employee benefits
 
23 or privileges and without the necessity of examination; provided
 

 
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 1 that such officer or employee possesses the minimum
 
 2 qualifications for the position to which transferred or
 
 3 appointed.
 
 4      If an office or position held by an officer or employee
 
 5 having tenure is abolished, the officer or employee shall not
 
 6 thereby be separated from public employment, but shall remain in
 
 7 the employment of the State with the same pay and classification
 
 8 and shall be transferred to some other office or position for
 
 9 which the officer or employee is eligible under the personnel
 
10 laws of the State as determined by the head of the department or
 
11 the governor.
 
12      SECTION 6.  All appropriations, records, equipment,
 
13 machines, files, supplies, contracts, books, papers, documents,
 
14 maps, and other personal property heretofore made, used,
 
15 acquired, or held by the office of community services, with
 
16 respect to those programs that are transferred to the department
 
17 of human services pursuant to section 371K-3(7), Hawaii Revised
 
18 Statutes, shall be transferred with the functions to which they
 
19 relate.
 
20      SECTION 7.  All rules, policies, procedures, guidelines, and
 
21 other material adopted or developed by any program transferred
 
22 from the office of community services pursuant to section
 
23 371K-3(7), Hawaii Revised Statutes, to implement provisions of
 

 
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 1 the Hawaii Revised Statutes that are transferred to the
 
 2 department of human services by this Act, shall remain in full
 
 3 force and effect until amended or repealed by the department of
 
 4 human services pursuant to chapter 91, Hawaii Revised Statutes.
 
 5      All deeds, leases, contracts, loans, agreements, permits, or
 
 6 other documents executed or entered into by or on behalf of the
 
 7 agency transferred under this Act pursuant to the provisions of
 
 8 the Hawaii Revised Statutes, which are transferred to the
 
 9 department of human services by this Act, shall remain in full
 
10 force and effect.
 
11      SECTION 8.  If any part of this Act is found to be in
 
12 conflict with federal requirements that are a prescribed
 
13 condition for the allocation of federal funds to the State, the
 
14 conflicting part of this Act is inoperative solely to the extent
 
15 of the conflict and with respect to the agencies directly
 
16 affected.  Any rules adopted pursuant to this Act shall meet
 
17 federal requirements that are a necessary condition to the
 
18 receipt of federal funds by the State.
 
19      SECTION 9.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 10.  This Act shall take effect on July 1, 2000.