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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 26-14.6, Hawaii Revised Statutes,
 2  is amended by amending subsection (i) to read as follows:
 3      "(i)  Effective January 1, 1993, the functions and authority
 4 heretofore exercised by the director of health and the department
 5 of health relating to uniformed security employees and security
 6 contracts at various state hospitals throughout the State shall
 7 be transferred to the department of public safety.  Effective
 8 July 1, 1999, the functions and authority relating to uniformed
 9 security employees and security contracts of various health
10 facilities under the operation, management, and control of the
11 Hawaii health systems corporation shall be transferred to the
12 Hawaii health systems corporation."
13      SECTION 2.  All officers and employees of the department of
14 public safety whose functions are transferred by this Act shall
15 be transferred with their functions and shall continue to perform
16 their regular duties upon transfer, subject to state personnel
17 laws and this Act.
18      No officer or employee of the State having tenure who is
19 transferred by this Act shall suffer any loss of salary,

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 1 seniority, prior service credit, vacation, sick leave, or other
 2 employee benefit or privilege as a consequence of this Act, and
 3 may be transferred or appointed to a civil service position
 4 without the necessity of examination; provided that the officer
 5 or employee possesses the minimum qualifications for the position
 6 to which transferred or appointed; and provided further that
 7 subsequent changes in status may be made pursuant to applicable
 8 civil service and compensation laws.
 9      An officer or amployee of the State who does not have tenure
10 and who may be transferred or appointed to a civil service
11 position as a consequence of this Act shall become a civil
12 service employee without the loss of salary, seniority, prior
13 service credit, vacation, sick leave, or other employee benefits
14 or privileges and without the necessity of examination; provided
15 that such officer or employee possesses the minimum
16 qualifications for the position to which transferred or
17 appointed.
18      If an office or position held by an officer or employee
19 having tenure is abolished and the officer, employee, or position
20 are not transferred to the various department by this Act, the
21 officer or employee shall not thereby be separated from public
22 employment, but shall remain in the employment of the State with

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 1 the same pay and classification and shall be transferred to some
 2 other office or position of the State for which the officer or
 3 employee is eligible under the personnel laws of the State as
 4 determined by the head of the department or governor.
 5      Any employee who prior to this Act was exempt from civil
 6 service and may be transferred as a consequence of this Act shall
 7 retain exempt status and shall not be appointed to a civil
 8 service position because of this Act.  Employees who may be
 9 transferred by this Act and who are receiving entitlements,
10 benefits, or privileges in accordance with chapter 77, but not
11 chapter 76, Hawaii Revised Statutes, shall continue to receive
12 only those entitlements, benefits, or privileges received under
13 chapter 77 after transfer.
14      SECTION 3.  All appropriations, records, equipment, files,
15 supplies, contracts, books, papers, documents, maps, computer
16 software and data, authorizations, and other property, both real
17 and personal, heretofore made, used, acquired, or held by the
18 department of public safety in the exercise of the functions and
19 programs transferred by this Act shall be transferred to the
20 department of health along with the functions or programs.
21      SECTION 4.  New statutory material is underscored.
22      SECTION 5.  This Act shall take effect on July 1, 1999.
24                           INTRODUCED BY: ________________________

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