Bill Text: HI SB1449 | 2012 | Regular Session | Introduced
Bill Title: Government
Spectrum: Strong Partisan Bill (Democrat 14-1)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB1449 Detail]
Download: Hawaii-2012-SB1449-Introduced.html
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THE SENATE |
S.B. NO. |
1449 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
“Chapter
hawai`i sunset act
§ -1 Definitions. As used in this chapter:
"Commission" means the Sunset Advisory Commission.
"State agency" means an agency expressly made subject to this chapter.
§ -2 Sunset Advisory Commission. (a) There is established a sunset advisory commission within the legislature for administrative purposes. The sunset advisory commission shall consist of twelve members who shall be selected as follows:
(1) The president of the senate shall select two members of the Senate;
(2) The speaker of the house of representatives shall select two members of the house of representatives;
(3) The senators belonging to a party or parties different from the president of the senate shall designate two members of the Senate;
(4) The representatives belonging to a party or parties different from the speaker of the house of representatives shall designate two members of the house of representatives; and
(5) The governor shall appoint four members of the general public.
Initial appointments shall be made within ninety days of the effective date of this Act.
(b) Each legislative member of the commission shall serve four-year terms, except that with respect to the terms of the initial sunset advisory commission members, the members selected from each of subsections (a)(2) and (a)(4) shall serve for a term of two years. Public members shall serve for a term of two years.
(c) Members of the sunset advisory commission are subject to the following restrictions:
(1) after a member serves eight years on the commission, the individual shall not be eligible for appointment to another term or part of a term;
(2) a legislative member who serves a full term may not be appointed to an immediately succeeding term; and
(3) a public member may not serve more than two consecutive terms.
(d) A vacancy in the commission shall be filled in the same manner as the original appointment as specified in subsection (a) within fifteen days. If a legislative member ceases to be a member of the house from which he was appointed, the member vacates his membership on the commission.
(e) An individual shall be ineligible for appointment to the commission as a public member if the individual or individual's spouse is:
(1) regulated by a state agency that the commission will review during the term for which the individual would serve;
(2) employed by, participates in the management of, or directly or indirectly has more than a ten per cent interest in a business entity or other organization regulated by a state agency the commission will review during the term for which the individual would serve; or
(3) required to register as a lobbyist under chapter 97 because of the person's activities for compensation on behalf of a profession or entity related to the operation of an agency under review.
(e) The commission shall act by majority vote of its membership, and shall select a chairperson and vice chairman by a two-thirds vote; provided that the chairmanship and vice chairmanship must alternate between the membership groups comprised of the members appointed from the senate and house of representatives. The chairman and vice chairman shall not be from the same membership group.
(f) Seven members of the commission shall constitute a quorum.
(g) Notwithstanding section 26-34, commission member appointments shall not be subject to senatorial confirmation.
(h) The commissioners shall serve without compensation, but shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties.
§ -3 Staffing. (a) The commission shall employ an executive director to act as the executive head of the commission.
(b) The executive director shall employ persons necessary to carry out this chapter through funds made available by the legislature.
§ -4 Rulemaking. The commission shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter.
§ -5. Agency report to the commission. (a) Before July 1 of the odd-numbered year before the year in which a state agency subject to this chapter is altered, the agency shall report to the commission:
(1) information regarding the application to the agency of the criteria in § -7; and
(2) any other information that the agency considers appropriate or that is requested by the commission.
§ -6 Duties of the commission. (a) Before January 1 of the year in which any state agency subject to this chapter are altered, the commission shall:
(1) review and take action necessary to verify the reports submitted by the agency under § -5;
(2) consult with the auditor and the office of the governor on the application to the agency of the criteria provided in § -7;
(3) conduct a review of the agency based on the criteria provided in § -7 and prepare a written report, which shall be a public record; and
(4) review the implementation of commission recommendations contained in the reports presented to the legislature during the preceding legislative session and the resulting legislation.
(b) Before February 1 of the year a state agency subject to this chapter is altered, the commission shall conduct public hearings concerning, but not limited to, the application to the agency of the criteria provided in § -7. The commission may hold public hearings after the review of the agency is complete and available to the public.
(c) At each regular legislative session, the commission shall present to the legislature and the governor a report on the agencies reviewed. Each report shall include:
(1) its finding regarding the criteria prescribed by § -7;
(2) its recommendations based on the matters prescribed by § -8;
(3) other information the commission considers necessary for a complete review of the agency.
§ -7. Criteria for review. (a) The commission shall consider the following criteria in determining whether a public need exists for the continuation of a state agency or for the performance of the functions of the agency:
(1) the efficiency and effectiveness with which the agency operates;
(2) an identification of the mission, goals, and objectives intended for the agency and of the problem or need that the agency was intended to address, and the extent to which the mission, goals, and objectives have been achieved and the problem or need has been addressed;
(3) an identification of nay activities of the agency in addition to those granted by statute and of the authority for those activities, and the extent to which those activities are needed;
(4) an assessment of authority of the agency relating to fees, inspections, enforcement, and penalties;
(5) whether less restrictive or alternative methods of performing any function that the agency performs could adequately protect or provide service to the public;
(6) the extent to which the jurisdiction of the agency and the programs administered by the agency overlap or duplicate those of other agencies, the extent to which the agency coordinates with those agencies, and the extent to which the programs administered by the agency can be consolidated with the programs of other state agencies;
(7) the promptness and effectiveness with which the agency addresses complaints concerning entities or other persons affected by the agency, including an assessment of the agency's administrative hearings process;
(8) an assessment of the agency's rulemaking process and the extent to which the agency has encouraged participation by the public in making rules and decisions and the extent to which the public participation has resulted in rules that benefit the public;
(9) the extent to which the agency has complied with federal and state laws and applicable rules regarding equality of employment opportunity and the rights and privacy of individuals, and state law and applicable rules of any state agency regarding purchasing guidelines and programs for historically underutilized businesses;
(10) the extent to which the agency issues and enforces rules relating to potential conflicts of interest of its employees;
(11) the extent to which the agency complies with chapters 92 and 92F and follows records management practices that enable the agency to respond efficiently to requests for public information; and
(12) the effect of federal intervention or loss of federal funds if the agency is abolished.
§ -8 Recommendations; required items. (a) In its report on a state agency, the commission shall:
(1) make recommendations on the alteration, continuation, or reorganization of each affected state agency and its advisory committees and on the need for the performance of the functions of the agency and its advisory committees;
(2) make recommendations on the consolidation, transfer, or reorganization of programs within state agencies not under review when the programs duplicate functions performed in agencies under review;; and
(3) make recommendations to improve the operations of the agency, including management recommendations that do not require a change in the agency's enabling statute.
(b) The commission shall include the estimated fiscal impact of its recommendations and may recommend appropriation levels for certain programs to improve the operations of the state agency.
(c) The commission shall have drafts of legislation prepared to carry out the commission's recommendations under this section.
§ -9 Review of certain agencies. (a) In the two-year period preceding the date scheduled for the alteration of a state agency under this chapter, the commission may exempt certain agencies from the requirements of this chapter relating to staff reports, hearings, and review.
(b) The commission may only exempt agencies that have been inactive for a period of two years preceding the date the agency is scheduled for alteration or that have been rendered inactive by an action of the legislature.
(c) The commission's action in exempting agencies under this section must be done by an affirmative record vote and must be decided by a majority of all members present and voting.
§ -10 Subpoena; disclosure; privacy; access to and assistance of state agencies. (a) The commission may issue process to compel the attendance of witnesses and the production of books, record, papers, and other objects necessary and proper for the purposes of the commission proceedings. The process may be served on a witness at any place in this state.
(b) If a majority of the commission directs the issuance of a subpoena, the chairman shall issue the subpoena in the name of the commission.
(c) If the chairman is absent, the vice chairman may issue a subpoena or other process in the same manner as the chairman.
(d) If necessary to obtain compliance with a subpoena or other process, the commission may issue attachments.
(e) Testimony taken under subpoena must be reduced to writing and given under oath subject to the penalties of perjury.
(f) A witness who attends a commission proceeding under process is entitled to the same mileage as a witness who appears before a court in this state.
(g) The commission may request the assistance of state agencies and officers. When assistance is requested, a state agency or officer shall assist the commission. In carrying out its functions under this chapter, the commission or its designated staff member may inspect the records, documents, and files of any state agency.
(h) Notwithstanding any law to the contrary, a working paper, including all documentary or other information, prepared or maintained by the commission staff in performing its duties under this chapter or other law to conduct an evaluation and prepare a report is exempted from chapter 92F of the Hawaii Revised Statutes.
(i) A record held by another entity that is considered to be confidential by law and that the commission receives in connection with the performance of the commission's functions under this chapter or another law remains confidential and is exempted from the public disclosure requirements of chapter 92F.
§ -11 Scope; exemptions; initial alteration. (a) Notwithstanding any other provision of the law, all state agencies shall be subject to the scope of this chapter with the exception of the following agencies:
(1) The office of the governor
(2) The legislature, and its attached agencies
(3) The supreme court
(4) The employees' retirement system
(5) The department of hawaiian home lands
(6) The office of hawaiian affairs
(b) The initial review of state agencies shall start in 2014, and the initial schedule shall be as follows, with each successive grouping to be reviewed two years after the immediately preceding grouping:
(1) Office of the Lieutenant Governor, the Department of Defense, the Department of Human Resources Development, and the judiciary, and all attached agencies;
(2) Department of Budget and Finance and the Department of Business, Economic Development, and Tourism, and all attached agencies;
(3) Department of Education and the University of Hawaii, and all attached agencies;
(4) Department of Health and the Department of Human Services, and all attached agencies;
(5) Department of Accounting and General Services, the Department of Agriculture, and the Department of the Attorney General, and all attached agencies;
(6) Department of Commerce and Consumer Affairs, the Department of Labor and Industrial Relations, and the Department of Taxation, and all attached agencies;
(7) Department of Land and Natural Resources, the Department of Public Safety, and Department of Transportation, and all attached agencies.
§ -12 Procedure after alteration. (a) A state agency that is altered in an odd-numbered year may continue in existence until June 30 of the following year to conclude its business. Unless the law provides otherwise, alteration does not reduce or otherwise limit the powers and authority of the state agency during the concluding year. Unless the law provides otherwise, all rules that have been adopted by the state agency expire at the end of the state agency, if terminated.
(b) Any unobligated and unexpended appropriations of an altered agency shall lapse on July 1 of the even-numbered year after alteration.
(c) Except as provided in subsection (d) or as otherwise provided by law, all money in a special fund, trust fund, revolving fund, or other dedicated fund of an abolished state agency on July 1 of the even-numbered year after alteration is transferred to the general fund. The part of the law dedicating the money to a specific fund of an altered agency becomes void on July 1 of the even-numbered year after alteration.
(d) The legislature recognizes the state's continuing obligation to pay bonded indebtedness and all other obligations, including lease, contract, and other written obligations, incurred by a state agency altered under this chapter, and this chapter does not impair or impede the payment of bonded indebtedness and all other obligations including lease, contract, and other written obligations, remain valid and enforceable in accordance with their terms and subject to all applicable terms and conditions of the laws and proceedings authorizing the bonds and all other obligations, including lease, contract, and other written obligations. The governor shall designate an appropriate state agency that shall continue to carry out all covenants contained in the bonds and in all other obligations, including lease, contract and other written obligation, and the proceedings authorizing them, including the issuance of bonds, and the performance of all other obligations, including lease, contract, and other written obligations, to complete the construction of projects or the performance of other obligations, including lease, contract, and other written obligations. The designated state agency shall provide payment from the sources of payment of the bonds in accordance with the terms of the bonds and shall provide payment from the sources of payment of all other obligations, including lease, contract, and other written obligations, in accordance with their terms, whether from taxes, revenues, or otherwise, until the bonds and interest on the bonds are paid in full and all other obligations, including lease, contract, and other written obligations, are performed and paid in full. If the proceedings so provide, all funds established by laws or proceedings authorizing the bonds or authorizing other obligations, including lease, contract, and other written obligations, shall remain with the previously designated trustees. If the proceedings do not provide that the funds remain with previously designated trustee, the funds shall be transferred to the designated state agency.
§ -13 Savings provision. Except as otherwise expressly provided, termination of a state agency does not affect rights and duties that matured, penalties that were incurred, civil or criminal liabilities that arose, or proceedings that were begun before the effective date of the termination.
§ 14 Review of proposed legislation creating an agency. (a) Each bill filed in a house of the legislature that would create a new state agency shall be reviewed by the commission. The commission shall review the bill to determine if:
(1) the proposed functions of the agency could be administered by one or more existing state agencies;
(2) the form of regulation, if any, proposed by the bill is the least restrictive form of regulation that will adequately protect the public;
(3) the bill provides for adequate public input regarding any regulatory function proposed by the bill; and
(4) the bill provides for adequate protection against conflicts of interest within the agency.
(b) On request, the commission shall forward a written comment on the legislation to the author of the bill and to the presiding officer of the committee to which the bill is referred."
SECTION 2. 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 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 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Government
Description:
Establishes the Hawaii Sunset Advisory Commission, comprised of members of the legislature and general public, tasked with regularly assessing governmental agency structures, functions, performance, and making recommendations and analyses on potential alterations for possible legislative action. Operates in conjunction with the legislature and auditor to perform assessment of governmental agencies according to a prescribed schedule to ensure regularity and consistency. Sets forth duties and responsibilities. Exempts certain agencies from scope of commission.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
