Report Title:

Hawaii Community Development Authority; Repeal

Description:

Abolishes the Hawaii community development authority and returns jurisdiction over lands under the authority's control to the city and county of Honolulu.

THE SENATE

S.B. NO.

2739

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to community development.

 

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

SECTION 1. Chapter 206E, Hawaii Revised Statutes, is repealed.

SECTION 2. Upon the effective date of this Act, all real property under the control of the Hawaii community development authority shall be transferred to the city and county of Honolulu. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Hawaii community development authority relating to the functions transferred to the city and county of Honolulu shall be transferred with the functions to which they relate.

SECTION 3. All rights, powers, functions, and duties of the Hawaii community development authority are transferred to the city and county of Honolulu.

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.

If 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 or city and county of Honolulu 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 mayor of the city and county of Honolulu or the governor.

SECTION 4. All rules, policies, procedures, guidelines, and other material adopted or developed by the Hawaii community development authority to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the city and county of Honolulu by this Act, shall remain in full force and effect until amended or repealed by the city and county of Honolulu pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the Hawaii community development authority in those rules, policies, procedures, guidelines, and other material is amended to refer to the city and county of Honolulu.

SECTION 5. If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this Act in its application to the agencies concerned. The rules under this Act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the State or the city and county of Honolulu.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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