Repeals State's ability to make short term or emergency appointments on July 1, 2001. Converts all persons in such positions to civil service.

A BILL FOR AN ACT

SECTION 1. Sections 76-31, Hawaii Revised Statutes, are repealed.

["§76-31 Provisional and short term appointments. (a) Provisional appointment pending establishment of an eligible list. When there is no eligible available on a list or when there are fewer than five eligibles on a list and no selection was made from a list that was certified as appropriate for filling a vacancy in a continuing position and the public interest requires that the vacancy be filled before eligibles can be certified, the director may authorize filling of the vacancy through provisional appointment. The director shall proceed without delay to announce an examination for the filling of the vacancy. The appointment shall continue only for such period as may be necessary to make an appointment from a list of eligibles but shall not extend beyond one hundred eighty days in any twelve-month period, provided that the director may extend the provisional appointment for an additional six-month period. The conditions under which the director may extend provisional appointments shall be prescribed by rules.

(b) Temporary limited appointment. When there is need for temporary employment, the director may authorize the department concerned to make or extend temporary appointments limited to a definite period of time, but not in excess of one year, except as otherwise specifically permitted by law or regulations. If the temporary appointment is not made from among regular employees eligible for noncompetitive action, the director shall certify from an appropriate eligible list; provided that when there are fewer than five eligibles on a list and no selection was made from a list that was certified as appropriate, the director may authorize the filling of the vacancy through a temporary appointment.

(c) Emergency appointments. In order to prevent the stoppage of essential public business, emergency appointments, not to exceed ten working days, may be made to fill positions temporarily in any serious emergency when it is not practicable to ascertain whether there is an eligible list. The director for good and sufficient cause, and for reasons given in writing by the department concerned, may extend the appointment for a period not to exceed thirty calendar days.

(d) Except as may be otherwise specified, provisional and temporary appointees must meet the minimum qualification requirements for the specific position to be filled.]

SECTION 2. Notwithstanding any law to the contrary, all employees who occupy positions authorized under section 76-31, Hawaii Revised Statutes, shall be converted to civil service status and subject to chapters 76, 77, and 89, Hawaii Revised Statutes.

SECTION 3. All officers and employees whose status is converted by this Act shall be converted with their functions and shall continue to perform their regular duties upon their conversion, subject to the state personnel laws and this Act.

An officer or employee of the State who does not have tenure and whose position is converted 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 the officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

SECTION 4. Statutory material to be repealed is bracketed and stricken.

SECTION 5. This Act shall take effect upon its approval; provided that section 1 of this Act shall take effect on July 1, 2001.