REPORT TITLE:
Crime Victim Compensation 


DESCRIPTION:
Transfers the crime victim compensation commission from within
the department of public safety to the department of the attorney
general.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           193
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIME. 


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

 1      SECTION 1.  The legislature finds that placement of the
 
 2 crime victim compensation commission within the department of
 
 3 public safety neither serves the purpose of nor benefits the
 
 4 department.  The crime victim compensation commission is
 
 5 concerned with victims of crimes, whereas the department of
 
 6 public safety is concerned with perpetrators of crimes.
 
 7 Unfortunately the placement of the crime victim compensation
 
 8 within the department of public safety is solely for
 
 9 administrative and budgetary purposes. 
 
10      On the other hand, the office of the attorney general shares
 
11 a commonality of purpose with the crime victim compensation
 
12 commission.  The department of the attorney general is the State
 
13 of Hawaii's central agency for federal funds received from the
 
14 office of victims of crime.  The crime victim compensation
 
15 commission receives its funding from these federal funds.  
 
16      Further, the department of the attorney general advises the
 
17 commission on its legal matters, and administers, monitors, and
 
18 provides federal funds to county and private agencies which
 
19 assist victims of crime.  
 

 
Page 2                                                     
                                     S.B. NO.           193
                                                        
                                                        

 
 1      A review of 52 states and other United States entities
 
 2 revealed that only four crime victim compensation entities were
 
 3 located in their department of public safety, whereas ten crime
 
 4 victim compensation entities were located in their department of
 
 5 attorney general.  
 
 6      The purpose of this Act is to place the crime victim
 
 7 compensation commission within the department of the attorney
 
 8 general.  This transfer will place the commission both physically
 
 9 and operationally closer to and under an office which shares a
 
10 commonality of purpose.  Consequently, improvements in
 
11 communication, coordination and cooperation will be achieved,
 
12 leading to improved service to victims, and a reduced expenditure
 
13 of state and federal funds.  
 
14      SECTION 2.  Section 351-11, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "�351-11  Crime victim compensation commission.  There shall
 
17 be a crime victim compensation commission composed of three
 
18 members appointed and removable in the manner prescribed by
 
19 section 26-34.  No officer or employee of the State or any county
 
20 shall be eligible for appointment to the commission.  The
 
21 commission is placed within the [department of public safety]
 
22 department of the attorney general for administrative purposes." 
 
23      SECTION 3.  All rights, powers, functions, and duties of the
 

 
Page 3                                                     
                                     S.B. NO.           193
                                                        
                                                        

 
 1 crime victim compensation commission are transferred to the
 
 2 department of the attorney general.
 
 3      All officers and employees whose functions are transferred
 
 4 by this Act shall be transferred with their functions and shall
 
 5 continue to perform their regular duties upon their transfer,
 
 6 subject to the state personnel laws and this Act.
 
 7      No officer or employee of the State having tenure shall
 
 8 suffer any loss of salary, seniority, prior service credit,
 
 9 vacation, sick leave, or other employee benefit or privilege as a
 
10 consequence of this Act, and such officer or employee may be
 
11 transferred or appointed to a civil service position without the
 
12 necessity of examination; provided that the officer or employee
 
13 possesses the minimum qualifications for the position to which
 
14 transferred or appointed; and provided that subsequent changes in
 
15 status may be made pursuant to applicable civil service and
 
16 compensation laws.
 
17      An officer or employee of the State who does not have tenure
 
18 and who may be transferred or appointed to a civil service
 
19 position as a consequence of this Act shall become a civil
 
20 service employee without the loss of salary, seniority, prior
 
21 service credit, vacation, sick leave, or other employee benefits
 
22 or privileges and without the necessity of examination; provided
 
23 that such officer or employee possesses the minimum
 

 
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                                     S.B. NO.           193
                                                        
                                                        

 
 1 qualifications for the position to which transferred or
 
 2 appointed.
 
 3      In the event that an office or position held by an officer
 
 4 or employee having tenure is abolished, the officer or employee
 
 5 shall not thereby be separated from public employment, but shall
 
 6 remain in the employment of the State with the same pay and
 
 7 classification and shall be transferred to some other office or
 
 8 position for which the officer or employee is eligible under the
 
 9 personnel laws of the State as determined by the head of the
 
10 department or the governor.
 
11      SECTION 4.  All appropriations, records, equipment,
 
12 machines,files, supplies, contracts, books, papers, documents,
 
13 maps, and other personal property heretofore made, used,
 
14 acquired, or held by the crime victim compensation commission
 
15 relating to the functions transferred to the department of the
 
16 attorney general shall be transferred with the functions to which
 
17 they relate.
 
18      SECTION 5.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 6.  This Act shall take effect upon its approval.
 
21 
 
22                           INTRODUCED BY:  _______________________