Bill Text: HI SB2697 | 2012 | Regular Session | Introduced


Bill Title: State Foundation on Culture and the Arts

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-25 - (S) Referred to EDT, WAM. [SB2697 Detail]

Download: Hawaii-2012-SB2697-Introduced.html

THE SENATE

S.B. NO.

2697

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE STATE FOUNDATION ON CULTURE AND THE ARTS.

 

 

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

 


     SECTION 1.  Section 9-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is hereby created a state foundation on culture and the arts, which shall be placed within the department of [accounting and general services] business, economic development, and tourism for administrative purposes."

     SECTION 2.  All rights, powers, functions, and duties of the department of accounting and general services as they relate to the state foundation on culture and the arts are transferred to the department of business, economic development, and tourism.

     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.  All rules, policies, procedures, guidelines, and other material adopted or developed by the department of accounting and general services to implement provisions of the Hawaii Revised Statutes which are reenacted or made applicable to the department of business, economic development, and tourism 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 the comptroller of the department of accounting and general services in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of economic development, business, and tourism or the director of the department of economic development, business, and tourism as appropriate.

     SECTION 4.  All deeds, leases, contracts, loans, agreements, permits, or other documents 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, which are reenacted or made applicable to the department of economic development, business, and tourism by this Act, shall remain in full force and effect.  Effective July 1, 2012, every reference to the department of accounting and general services or the comptroller of the department of accounting and general services therein shall be construed as a reference to the department of economic development, business, and tourism or the director of the department of economic development, business, and tourism as appropriate.

     SECTION 5.  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 transferred to the department of business, economic development, and tourism shall be transferred with the functions to which they relate.

     SECTION 6.  It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2012.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST


 


 

Report Title:

State Foundation on Culture and the Arts

 

Description:

Administratively places the State Foundation on Culture and the Arts within the Department of Business, Economic Development, and Tourism instead of the Department of Accounting and General Services.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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