HOUSE OF REPRESENTATIVES |
H.B. NO. |
1341 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO STATE 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
PUBLIC ACCOUNTABILITY
§ -1. Definitions. As used in this chapter:
"Executive director" means the executive director of public accountability.
"Office" means the office of
public accountability.
§ -2. Office of public accountability; executive director. There is established an office of public accountability that shall be administratively attached to the legislature. The legislature, by a majority vote of each house in joint session, shall appoint an executive director who shall serve for a period of six years and thereafter until a successor shall have been appointed. The legislature, by two‑thirds vote of the members in joint session, may remove or suspend the executive director from office, but only for neglect of duty, misconduct, or disability.
§ -3 Staff; funding. (a) The executive director may hire employees necessary to carry out the functions of the office. All employees shall serve at the executive director's pleasure.
(b) In determining the salary of the employees of the office, the executive director shall consult with the department of human resources development.
(c) The executive director and the executive director's full-time staff shall be entitled to participate in any employee benefit program plan or privilege available to other state employees.
§ -4. Oversight and administrative responsibility; divisions. (a) The office shall assume oversight and administrative responsibility for the office of the auditor, office of the ombudsman, office of information practices, Hawaii state ethics commission, and campaign spending commission.
(b) There is established within the office the following divisions:
(1) The audit division, which shall consist of the office of the auditor;
(2) The complaints division, which shall consist of the office of the ombudsman and office of information practices;
(3) The ethics division, which shall consist of the Hawaii state ethics commission; and
(4) The campaign spending division, which shall consist of the campaign spending commission."
SECTION 2. Section 11-311, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established a campaign spending
commission, which shall be placed within the [department of accounting and
general services for administrative purposes.] campaign spending division
of the office of public accountability."
SECTION 3. Section 23-2, Hawaii Revised Statutes, is amended to read as follows:
"§23-2 Auditor; appointment,
tenure, removal. The auditor shall
be appointed, hold office for such term, and be subject to removal in the
manner prescribed in [section 10, Article VII,] article VII, section 10
of the Hawaii State Constitution.
The office of the auditor shall be placed
within in the audit division of the office of public accountability."
SECTION 4. Section 23-3, Hawaii Revised Statutes, is amended to read as follows:
"§23-3 Salary of the auditor and
appropriations. (a) [Effective July 1, 2005, the salary of the
auditor shall be the same as the salary of the director of health.
The salary of the auditor shall
not be diminished during the auditor's term of office, unless by general law
applying to all salaried officers of the State.] The salary of the auditor
shall be fixed by the legislature and shall not be diminished during the auditor's
term in office.
(b)
The funds for the support of the auditor's office shall be provided for
in the act providing for the expenses of the [legislature.] office of
public accountability."
SECTION 5. Section 23G-1, Hawaii Revised Statutes, is amended to read as follows:
"§23G-1 Legislative reference bureau; director, appointment, tenure, removal, compensation, vacancy. The office of the legislative reference bureau is established. The legislature, by a majority vote of each house in joint session, shall appoint a director for the bureau who shall serve for a period of six years and thereafter until a successor shall have been appointed. The legislature, by two-thirds vote of the members in joint session, may remove or suspend the director from office, but only for neglect of duty, misconduct, or disability.
If the director dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the first assistant to the director shall become the acting director until a new director is appointed.
[Effective July 1, 2005, the
salary of the director shall be the same as the salary of the director of
health. The salary of the director shall
not be diminished during the director's term of office, unless by general law
applying to all salaried officers of the State.] The salary of the director
shall be fixed by the legislature and shall not be diminished during the director's
term in office."
SECTION 6. Section 26-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The
department shall:
(1) Preaudit and conduct after-the-fact audits of the financial
accounts of all state departments to determine the legality of expenditures and
the accuracy of accounts;
(2) Report to the governor and to each regular session of the
legislature as to the finances of each department of the State;
(3) Administer the state risk management program;
(4) Establish and manage motor pools;
(5) Manage the preservation and disposal of all records of the
State;
(6) Undertake the program of centralized engineering and office
leasing services, including operation and maintenance and lease buyback
processing pursuant to subsection (d) of public buildings, for departments of
the State;
(7) Undertake the functions of the state surveyor;
(8) Establish accounting and internal control systems;
(9) Under the direction of
the chief information officer, provide centralized computer information
management and processing services; and
(10) Establish a program to
provide a means for public access to public information and develop an
information network for state government[; and
(11) Assume administrative responsibility for
the office of information practices]."
SECTION 7. Section 84-21, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established within the ethics division
of the office of [the auditor for administrative purposes only] public
accountability a commission to be known as the state ethics
commission. The commission shall consist
of five members appointed by the governor from a panel of ten persons nominated
by the judicial council. Each member of
the commission shall be a citizen of the United States and a resident of the State. Members of the commission shall hold no other
public office."
SECTION 8. Section 84-35, Hawaii Revised Statutes, is amended to read as follows:
"§84-35 Staff. The ethics commission may employ and at
pleasure remove [such] persons, including an executive director, as it
may deem necessary for the performance of its functions. [Effective July 1, 2005, the salary of the
executive director shall be the same as the salary of the director of health.]
The salary of the executive director shall be fixed by the legislature and shall
not be diminished during the executive director's term of office. The commission shall fix the compensations of
its employees within the amounts made available by appropriation therefor. The employees of the commission shall be
exempt from chapter 76."
SECTION 9. Section 89C-1.5, Hawaii Revised Statutes, is amended by amending the definition of "appropriate authority" to read as follows:
""Appropriate
authority" means the governor, the respective mayors, the chief justice of
the supreme court, the board of education, the board of regents, the state
public charter school commission, the Hawaii health systems corporation board,
the [auditor, the ombudsman,] executive director of public accountability,
and the director of the legislative reference bureau. These individuals or boards may make adjustments
for their respective excluded employees."
SECTION 10. Section 92F-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established an office of information
practices within the [department of accounting and general services for
administrative purposes; provided that:
(1) Any
quasi-judicial functions of the office of information practices shall not be
subject to the approval, review, or control of the comptroller; and
(2) The comptroller
shall not have the power to supervise or control the office of information
practices in the exercise of its functions, duties, and powers under section
92F-42.] complaints division of the office of public accountability."
SECTION 11. Section 96-2, Hawaii Revised Statutes, is amended to read as follows:
"§96-2 Ombudsman; office
established, appointment, tenure, removal, qualifications, salary, vacancy. The office of ombudsman is established[.]
within the complaints division of the office of public accountability. The legislature, by a majority vote of each
house in joint session, shall appoint an ombudsman who shall serve for a period
of six years and thereafter until a successor shall have been appointed. An ombudsman may be reappointed but may not
serve for more than three terms. The
legislature, by two-thirds vote of the members in joint session, may remove or
suspend the ombudsman from office, but only for neglect of duty, misconduct, or
disability.
No person may serve as ombudsman
within two years of the last day on which the person served as a member of the
legislature, or while the person is a candidate for or holds any other state
office, or while the person is engaged in any other occupation for reward or
profit. [Effective July 1, 2005, the
salary of the ombudsman shall be the same as the salary of the director of
health. The salary of the ombudsman
shall not be diminished during the ombudsman's term of office, unless by
general law applying to all salaried officers of the State.] The salary of
the ombudsman shall be fixed by the legislature and shall not be diminished during
the ombudsman's term of office.
If the ombudsman dies, resigns,
becomes ineligible to serve, or is removed or suspended from office, the first
assistant to the ombudsman becomes the acting ombudsman until a new ombudsman
is appointed for a full term."
SECTION 12. Section 96-3, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) The funds for
the support of the office of the ombudsman shall be provided for in the act
providing for the expenses of the [legislature.] office of public accountability."
SECTION 13. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the operating expenses of the office of public accountability.
The sums appropriated shall be expended by the office of public accountability for the purposes of this Act.
SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 15. This Act shall take effect on July 1, 2021.
INTRODUCED BY: |
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Report Title:
Office of Public Accountability; Auditor; Ombudsman; OIP; State Ethics Commission; Campaign Spending Commission; LRB; Appropriation
Description:
Establishes the office of public accountability to assume oversight and administrative responsibility for the office of the auditor, office of the ombudsman, office of information practices, Hawaii state ethics commission, and campaign spending commission. Requires the salaries of the auditor, director of LRB, executive director of the Hawaii state ethics commission, and ombudsman to be set by the legislature. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.