Bill Text: HI HB339 | 2023 | Regular Session | Introduced
Bill Title: Relating To Exemptions From Civil Service For Positions In The Department Of Human Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-06-01 - Act 042, 06/01/2023 (Gov. Msg. No. 1142). [HB339 Detail]
Download: Hawaii-2023-HB339-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
339 |
THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EXEMPTIONS FROM CIVIL SERVICE FOR POSITIONS IN THE DEPARTMENT OF HUMAN SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The purpose of this Act is to permanently
exempt from provisions of civil service the following positions in the
department of human services: the
information technology implementation manager, the assistant information technology
implementation manager, the resource manager, the community/project development
director, the policy director, the special assistant to the director, the limited
English proficiency project manager/coordinator, and the business technology analyst.
SECTION 2. Section 76-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The civil
service to which this chapter applies shall comprise all positions in the State
now existing or hereafter established and embrace all personal services
performed for the State, except the following:
(1) Commissioned and enlisted personnel of the
Hawaii National Guard as such, and positions in the Hawaii National Guard that
are required by state or federal laws or regulations or orders of the National
Guard to be filled from those commissioned or enlisted personnel;
(2) Positions filled by persons employed by
contract where the director of human resources development has certified that
the service is special or unique or is essential to the public interest and
that, because of circumstances surrounding its fulfillment, personnel to
perform the service cannot be obtained through normal civil service recruitment
procedures. Any such contract may be for
any period not exceeding one year;
(3) Positions that must be filled without delay to
comply with a court order or decree if the director determines that recruitment
through normal recruitment civil service procedures would result in delay or
noncompliance, such as the Felix-Cayetano consent decree;
(4) Positions filled by the legislature or by
either house or any committee thereof;
(5) Employees in the office of the governor and
office of the lieutenant governor, and household employees at Washington Place;
(6) Positions filled by popular vote;
(7) Department heads, officers, and members of any
board, commission, or other state agency whose appointments are made by the
governor or are required by law to be confirmed by the senate;
(8) Judges, referees, receivers, masters, jurors,
notaries public, land court examiners, court commissioners, and attorneys
appointed by a state court for a special temporary service;
(9) One bailiff for the chief justice of the
supreme court who shall have the powers and duties of a court officer and
bailiff under section 606-14; one secretary or clerk for each justice of the
supreme court, each judge of the intermediate appellate court, and each judge
of the circuit court; one secretary for the judicial council; one deputy
administrative director of the courts; three law clerks for the chief justice
of the supreme court, two law clerks for each associate justice of the supreme
court and each judge of the intermediate appellate court, one law clerk for
each judge of the circuit court, two additional law clerks for the civil
administrative judge of the circuit court of the first circuit, two additional
law clerks for the criminal administrative judge of the circuit court of the
first circuit, one additional law clerk for the senior judge of the family
court of the first circuit, two additional law clerks for the civil motions
judge of the circuit court of the first circuit, two additional law clerks for
the criminal motions judge of the circuit court of the first circuit, and two
law clerks for the administrative judge of the district court of the first
circuit; and one private secretary for the administrative director of the
courts, the deputy administrative director of the courts, each department head,
each deputy or first assistant, and each additional deputy, or assistant
deputy, or assistant defined in paragraph (16);
(10) First deputy and deputy attorneys general, the
administrative services manager of the department of the attorney general, one
secretary for the administrative services manager, an administrator and any
support staff for the criminal and juvenile justice resources coordination
functions, and law clerks;
(11) (A) Teachers, principals, vice-principals, complex area superintendents, deputy and assistant superintendents, other
certificated personnel, not more than twenty noncertificated administrative,
professional, and technical personnel not engaged in instructional work;
(B) Effective July 1, 2003, teaching assistants,
educational assistants, bilingual/bicultural school-home assistants, school
psychologists, psychological examiners, speech pathologists, athletic health
care trainers, alternative school work study assistants, alternative school
educational/supportive services specialists, alternative school project
coordinators, and communications aides in the department of education;
(C) The
special assistant to the
state librarian and one secretary for the special assistant to the state
librarian; and
(D) Members
of the faculty of the University of Hawaii, including research workers,
extension agents, personnel engaged in instructional work, and administrative,
professional, and technical personnel of the university;
(12) Employees
engaged in special, research, or demonstration projects approved by the
governor;
(13) (A) Positions
filled by inmates, patients of state institutions, persons with severe physical
or mental disabilities participating in the work experience training programs;
(B) Positions filled with students in accordance with
guidelines for established state employment programs; and
(C) Positions
that provide work experience training or temporary public service employment
that are filled by persons entering the workforce or persons transitioning into
other careers under programs such as the federal Workforce Investment Act of
1998, as amended, or the Senior Community Service Employment Program of the
Employment and Training Administration of the United States Department of
Labor, or under other similar state programs;
(14) A custodian or guide at Iolani Palace, the
Royal Mausoleum, and Hulihee Palace;
(15) Positions filled by persons employed on a fee,
contract, or piecework basis, who may lawfully perform their duties
concurrently with their private business or profession or other private
employment and whose duties require only a portion of their time, if it is
impracticable to ascertain or anticipate the portion of time to be devoted to
the service of the State;
(16) Positions of first deputies or first
assistants of each department head appointed under or in the manner provided in
section 6, article V, of the Hawaii State Constitution; three additional
deputies or assistants either in charge of the highways, harbors, and airports
divisions or other functions within the department of transportation as may be
assigned by the director of transportation, with the approval of the governor;
four additional deputies in the department of health, each in charge of one of
the following: behavioral health, environmental health, hospitals, and health
resources administration, including other functions within the department as
may be assigned by the director of health, with the approval of the governor;
two additional deputies in charge of the law enforcement programs,
administration, or other functions within the department of law enforcement as
may be assigned by the director of law enforcement, with the approval of the
governor; an administrative assistant to the state librarian; and an
administrative assistant to the superintendent of education;
(17) Positions specifically exempted from this part
by any other law; provided that:
(A) Any exemption created after July 1, 2014,
shall expire three years after its enactment unless affirmatively extended by
an act of the legislature; and
(B) All of the positions defined by paragraph (9)
shall be included in the position classification plan;
(18) Positions in the state foster grandparent
program and positions for temporary employment of senior citizens in
occupations in which there is a severe personnel shortage or in special
projects;
(19) Household employees at the official residence
of the president of the University of Hawaii;
(20) Employees in the department of education
engaged in the supervision of students during meal periods in the distribution,
collection, and counting of meal tickets, and in the cleaning of classrooms
after school hours on a less than half-time basis;
(21) Employees hired under the tenant hire program
of the Hawaii public housing authority; provided that not more than twenty-six
per cent of the authority's workforce in any housing project maintained or
operated by the authority shall be hired under the tenant hire program;
(22) Positions of the federally funded expanded
food and nutrition program of the University of Hawaii that require the hiring
of nutrition program assistants who live in the areas they serve;
(23) Positions filled by persons with severe
disabilities who are certified by the state vocational rehabilitation office
that they are able to perform safely the duties of the positions;
(24) The sheriff;
(25) A gender and other fairness coordinator hired
by the judiciary;
(26) Positions in the Hawaii National Guard youth
and adult education programs;
(27) In the state energy office in the department
of business, economic development, and tourism, all energy program managers,
energy program specialists, energy program assistants, and energy analysts;
(28) Administrative appeals hearing officers in the
department of human services;
(29) In the Med-QUEST division of the department of
human services, the division administrator, finance officer, health care
services branch administrator, medical director, and clinical standards administrator;
(30) In the director's office of the department of
human services, the enterprise officer, information security and privacy
compliance officer, security and privacy compliance engineer, [and]
security and privacy compliance analyst[;], the information technology
implementation manager, the assistant information technology implementation
manager, the resource manager, the community/project development director, the
policy director, the special assistant to the director, and the limited English
proficiency project manager/coordinator;
(31) The Alzheimer's disease and related dementia
services coordinator in the executive office on aging;
(32) In the Hawaii emergency management agency, the
executive officer, public information officer, civil defense administrative
officer, branch chiefs, and emergency operations center state warning point
personnel; provided that, for state warning point personnel, the director shall
determine that recruitment through normal civil service recruitment procedures
would result in delay or noncompliance;
(33) The executive director and seven full‑time administrative positions of the school facilities authority;
(34) Positions in the Mauna Kea stewardship and
oversight authority; [and]
[[](35)[]] In the office of homeland security of the
department of defense, the statewide interoperable communications coordinator[.];
and
(36) In the social services division of the department
of human services, the
business technology analyst.
The
director shall determine the applicability of this section to specific
positions.
Nothing
in this section shall be deemed to affect the civil service status of any
incumbent as it existed on July 1, 1955."
SECTION
3. Statutory material to be repealed is bracketed
and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on June 29, 2023.
INTRODUCED BY: |
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Report Title:
Department of Human Services; Civil Service; Exemptions
Description:
Permanently exempts eight positions in the Department of Human Services from civil service.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.