Bill Text: HI SB141 | 2021 | Regular Session | Amended
Bill Title: Relating To The State Building Code Council.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2021-03-11 - Referred to EEP, CPC, FIN, referral sheet 22 [SB141 Detail]
Download: Hawaii-2021-SB141-Amended.html
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THE SENATE |
S.B. NO. |
141 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE STATE BUILDING CODE COUNCIL.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 82, Session Laws of Hawaii 2007, established the state building code council to adopt a uniform set of statewide building codes applicable to one- and two-family dwellings and all other residential, commercial, industrial, and state buildings to facilitate the application of consistent standards by building owners, designers, contractors, and code enforcers within the State.
The legislature recognizes that the jurisdiction of the department of accounting and general services is limited to state facilities. Accordingly, the purpose of this Act is to administratively relocate the state building code council from the department of accounting and general services to the Hawaii state energy office.
SECTION 2. Section 107-21, Hawaii Revised Statutes, is amended by amending the definition of "department".
""Department"
means the department of [accounting and general services.] business, economic
development, and tourism."
SECTION 3. Section 107-22, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established a state building code
council. The council shall be placed
within the [department of accounting and general services] Hawaii state
energy office for administrative purposes only. The council shall consist of eleven voting
members and one nonvoting member, who shall be the comptroller or the
comptroller's designee. The council
members shall serve four-year terms. The
voting members shall include:
(1) One county building official from each of the four counties appointed by the mayor;
(2) One member representing the state fire council;
(3) One member representing the department of labor and industrial relations who has significant experience in elevator safety;
(5) One member representing the Structural Engineers Association of Hawaii;
(6) One member representing the American Institute of Architects, Hawaii State Council;
(7) One member representing the Building Industry Association of Hawaii or the General Contractors Association of Hawaii, who has significant experience with building codes, with alternating four-year terms between the two organizations and the first four-year term to be served by the Building Industry Association of Hawaii; and
(8) One member representing the Subcontractors' Association of Hawaii who has significant experience with building codes."
SECTION 4. Section 107-23, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The budgetary requirements
for conducting meetings, training, travel, and other related responsibilities
of the council, including salaries of the executive director, executive
assistant, and other staff, shall be included in the budget of the department [of
accounting and general services]."
SECTION 5. All rights, powers, functions, and duties relating to the state building code council are transferred from the department of accounting and general services to the Hawaii state energy office.
All employees who occupy civil service positions and whose functions are transferred to the Hawaii state energy office by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The director of business, economic development, and tourism may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.
SECTION 6. All rules, policies, procedures, guidelines, and other material relating to the state building code council that are adopted or developed by the department of business, economic development, and tourism to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the Hawaii state energy office by this Act shall remain in full force and effect until amended or repealed by the department of business, economic development, and tourism pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of accounting and general services or comptroller in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of business, economic development, and tourism; director of business, economic development, and tourism; or chief energy officer, as appropriate.
SECTION 7. All deeds, leases, contracts, loans, agreements, permits, or other documents relating to the state building code council that are executed or entered into by or on behalf of the department of accounting and general services, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the department of business, economic development, and tourism by this Act shall remain in full force and effect. Effective July 1, 2021, every reference to the department of accounting and general services or the comptroller in those deeds, leases, contracts, loans, agreements, permits, or other documents shall be construed as a reference to the department of business, economic development, and tourism; the director of business, economic development, and tourism; or the chief energy officer, as appropriate.
SECTION 8. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of accounting and general services relating to the functions of the state building code council that are transferred to the department of business, economic development, and tourism shall be transferred with the functions to which they relate.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2050.
Report Title:
State Building Code Council; Department of Business, Economic Development, and Tourism; Hawaii State Energy Office
Description:
Transfers the State Building Code Council from the Department of Accounting and General Services to the Hawaii State Energy Office. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
