HOUSE OF REPRESENTATIVES |
H.B. NO. |
203 |
THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to civil service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the department of land and natural resources' state historic preservation division experiences significant recruitment difficulties. The division competes directly with cultural resource consultancies and the federal government. To be competitive with the private sector, state historic preservation staff need wage increases between twelve and fifty per cent. Although the current fiscal year budget allows the state historic preservation division to make these wage adjustments, such adjustments are not possible if the positions are converted to civil service as the wages would be set by the department of human resources development.
The purpose of this Act is to allow the state historic preservation division to offer more competitive wages for its staff by authorizing the division to employ professional and technical staff exempt from civil service laws.
SECTION 2. Section 6E-3, Hawaii Revised Statutes, is amended to read as follows:
"§6E-3 Historic preservation program.
There is established within the department a division to administer a
comprehensive historic preservation program, which shall include but not be
limited to the following:
(1) Development
of an ongoing program of historical, architectural, and archaeological research
and development, including surveys, excavations, scientific recording,
interpretation, signage, and publications on the State's historical and
cultural resources;
(2) Acquisition
of historic or cultural properties, real or personal, in fee or in any lesser
interest, by gift, purchase, condemnation, devise, bequest, land exchange, or
other means; preservation, restoration, administration, or transference of the
property; and the charging of reasonable admissions to that property;
(3) Development
of a statewide survey and inventory to identify and document historic
properties, aviation artifacts, and burial sites, including all those owned by
the State and the counties;
(4) Preparation
of information for the Hawaii register of historic places and listing on the
national register of historic places;
(5) Preparation,
review, and revisions of a state historic preservation plan, including budget
requirements and land use recommendations;
(6) Application
for and receipt of gifts, grants, technical assistance, and other funding from
public and private sources for the purposes of this chapter;
(7) Provision
of technical and financial assistance to the counties and public and private
agencies involved in historic preservation activities;
(8) Coordination
of activities of the counties in accordance with the state plan for historic
preservation;
(9) Stimulation
of public interest in historic preservation, including the development and
implementation of interpretive programs for historic properties listed on or
eligible for the Hawaii register of historic places;
(10) Coordination
of the evaluation and management of burial sites as provided in section 6E-43;
(11) Acquisition
of burial sites in fee or in any lesser interest, by gift, purchase, condemnation,
devise, bequest, land exchange, or other means, to be held in trust;
(12) Submittal
of an annual report to the governor and legislature detailing the
accomplishments of the year, recommendations for changes in the state plan or
future programs relating to historic preservation, and an accounting of all
income, expenditures, and the fund balance of the Hawaii historic preservation
special fund;
(13) Regulation
of archaeological activities throughout the State;
(14) Employment
of sufficient professional and technical staff for the purposes of this chapter
[which shall be in accordance with] who may be exempt from
chapter 76; provided that notwithstanding section 76-16(b)(17)(A), the
exemptions for these positions shall not expire;
(15) The
charging of fees to be determined by the department that are proportional to
the nature and complexity of the projects or services provided, and adjusted
from time to time to ensure that the proceeds, together with all other fines,
income, and penalties collected under this chapter, do not surpass the annual
operating costs of the comprehensive historic preservation program;
(16) Adoption
of rules in accordance with chapter 91, necessary to carry out the purposes of
this chapter; and
(17) Development and adoption, in consultation with the office of Hawaiian affairs native historic preservation council, of rules governing permits for access by native Hawaiians and Hawaiians to cultural, historic, and pre-contact sites and monuments."
SECTION 3. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
State Historic Preservation Division; Civil Service Exemption
Description:
Allows professional and technical staff of the state historic preservation division to be exempt from civil service laws.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.