HB1807

Report Title:

OYS Abolished; Transfer HYCF to Judiciary

Description:

Abolishes office of youth services. Transfers youth correctional facility to the judiciary.

HOUSE OF REPRESENTATIVES	H.B. NO.	1807
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to youth.

 

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

SECTION 1. The purpose of this Act is to abolish the office of youth services and to transfer the powers, duties, and functions relating to the Hawaii youth correctional facilities to the judiciary.

SECTION 2. Chapter 352, Hawaii Revised Statutes, is repealed.

SECTION 3. Chapter 352D, Hawaii Revised Statutes, is repealed.

SECTION 4. All rights, powers, functions, and duties of the office of youth services relating to the Hawaii youth correctional facilities are transferred to the judiciary.

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 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 office of youth services relating to the functions transferred to the judiciary shall be transferred with the functions to which they relate.

SECTION 6. If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this Act in its application to the agencies concerned. The rules under this Act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the State.

SECTION 7. The legislative reference bureau shall prepare necessary conforming legislation to implement the transfer of the Hawaii youth correctional facilities to the judiciary. The bureau shall transmit such proposed legislation to the legislature not later than twenty days prior to the convening of the regular session of 2003.

SECTION 8. This Act shall take effect on July 1, 2003.

INTRODUCED BY:	_____________________________