Bill Text: HI SB3120 | 2024 | Regular Session | Amended
Bill Title: Relating To The Hawaii Public Housing Authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-03-20 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with Representative(s) Perruso voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Holt, Kitagawa, Lamosao, Lowen, Nakashima excused (5). [SB3120 Detail]
Download: Hawaii-2024-SB3120-Amended.html
THE SENATE |
S.B. NO. |
3120 |
THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE HAWAII PUBLIC HOUSING AUTHORITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"(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, no 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; one additional deputy in the department of human
services either in charge of welfare or other functions within the department
as may be assigned by the director of human services; 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; three additional deputies each in charge of the
correctional institutions, rehabilitation services and programs, and
administration or other functions within the department of corrections and
rehabilitation as may be assigned by the director [or] of
corrections and rehabilitation, 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,
security and privacy compliance analyst, information technology implementation
manager, assistant information technology implementation manager, resource
manager, community/project development director, policy director, special
assistant to the director, and 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;
(35) In
the office of homeland security of the department of law enforcement, the
statewide interoperable communications coordinator; [and]
(36) In
the social services division of the department of human services, the business
technology analyst[.]; and
(37) In
the Hawaii public housing authority, the housing policy and program
coordinator.
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 2.
Section 356D-2,
Hawaii Revised Statutes, is amended by amending subsection (b) to read as
follows:
"(b)
The authority shall employ, exempt from chapter 76 and section
26-35(a)(4), an executive director[,] and an executive assistant,
whose salaries shall be set by the board established under section 356D-3. The executive director shall employ, exempt
from chapter 76 and section 26-35(a)(4), a chief financial [management
advisor,] officer, a property management branch chief, a chief
planner, [and] a redevelopment officer, a chief compliance officer, a
housing contract and procurement officer, a human resources and safety officer,
and a housing policy and program coordinator, whose salaries shall be set
by the [board established under section 356D-3; provided that no salary
shall exceed the governor's salary.] executive director,
to the extent that the board delegates this authority to the executive director. The authority may employ, subject to chapter
76, technical experts and officers, agents, and employees, permanent or
temporary, as required. The [authority]
executive director may also employ officers, agents, and employees;
prescribe their duties and qualifications; and fix and adjust their
salaries, not subject to chapter 76[,] or section 26-35(a)(4),
when in the determination of the [authority,] executive director,
the services to be performed are unique and essential to the execution of the
functions of the authority; provided that if the authority hires an officer,
agent, or employee in a capacity not subject to chapter 76, the authority shall
include in an annual report to the legislature, to be submitted [not] no
later than twenty days prior to the convening of each regular session, the
position descriptions and reasons for hiring the personnel in a civil service
exempt capacity. The authority may call
upon the attorney general for legal services as it may require. The authority may delegate to one or more of
its agents or employees the powers and duties it deems proper."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
HPHA; Housing Policy and Program Coordinator; Positions
Description:
Establishes the position of Housing Policy and Program Coordinator in the Hawaii Public Housing Authority. Clarifies that the employment of certain positions and the adjustment of salaries are authorized by the Executive Director and not the Board of Directors of the Hawaii Public Housing Authority. Deletes the wage ceiling requirement for positions in the Hawaii Public Housing Authority. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.