Transfers the crime victim compensation commission from within the department of public safety to the department of the attorney general.

A BILL FOR AN ACT

SECTION 1. The legislature finds that placement of the crime victim compensation commission within the department of public safety neither serves the purpose of nor benefits the department. The crime victim compensation commission is concerned with victims of crimes, whereas the department of public safety is concerned with perpetrators of crimes. The placement of the crime victim compensation within the department of public safety is solely for administrative and budgetary purposes.

On the other hand, the office of the attorney general shares a commonality of purpose with the crime victim compensation commission. The department of the attorney general is the State of Hawaii's central agency for federal funds received from the office of victims of crime. The crime victim compensation commission receives its funding from these federal funds.

Further, the department of the attorney general advises the commission on its legal matters, and administers, monitors, and provides federal funds to county and private agencies that assist victims of crime.

A review of fifty-two states and other United States entities revealed that only four crime victim compensation entities were located in their respective department of public safety, whereas ten crime victim compensation entities were located in their department of attorney general.

The purpose of this Act is to place the crime victim compensation commission within the department of the attorney general. This transfer will place the commission both physically and operationally closer to and under an office that shares a commonality of purpose. Consequently, improvements in communication, coordination and cooperation will be achieved, leading to improved service to victims, and a reduced expenditure of state and federal funds.

SECTION 2. Section 26-14.6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Effective July 1, 1990, the Hawaii paroling authority [and the crime victim compensation commission are] is placed within the department of public safety for administrative purposes only."

SECTION 3. Section 351-11, Hawaii Revised Statutes, is amended to read as follows:

"§351-11 Crime victim compensation commission. There shall be a crime victim compensation commission composed of three members appointed and removable in the manner prescribed by section 26-34. No officer or employee of the State or any county shall be eligible for appointment to the commission. The commission is placed within the [department of public safety] department of the attorney general for administrative purposes."

SECTION 4. Section 351-62.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established a crime victim compensation special fund from which the commission may make payments as provided in subsection (b). The fund shall be administered by the [director of public safety] attorney general for purposes of this chapter. Interest and investment earnings credited to the assets of the fund shall become part of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward for the next fiscal year."

SECTION 5. Section 351-70, Hawaii Revised Statutes, is amended to read as follows:

"§351-70 Annual report. The commission shall transmit annually to the governor and to the [director of public safety,] attorney general, at least thirty days prior to the convening of the legislature, a report of its activities under this chapter including a brief description of the facts in each case, and the amount, if any, of compensation awarded, and the names of attorneys and health care providers where they are the applicants. The [director of public safety] attorney general shall transmit, within five days after the opening of the legislative session, [transmit] the report, together with a tabulation of the total amount of compensation awarded during the prior fiscal year and an estimate of the amount that is reasonably estimated to be required for the next fiscal year, and a legislative bill to appropriate funds for the crime victim compensation [special fund] for the next fiscal year. The commission shall provide upon request of the governor, the [director of public safety,] attorney general, or the legislature, the relevant data, including the names of all applicants for compensation, under this chapter."

SECTION 6. All rights, powers, functions, and duties of the crime victim compensation commission are transferred to the department of the attorney general.

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.

In the event that 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 7. All appropriations, records, equipment, machines,files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the crime victim compensation commission relating to the functions transferred to the department of the attorney general shall be transferred with the functions to which they relate.

SECTION 8. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2001.