HOUSE OF REPRESENTATIVES

H.B. NO.

1284

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE DEPARTMENT OF HUMAN SERVICES.

 

 

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

 


     SECTION 1.  Effective July 1, 2021, the department of human services shall reorganize its programs and structure as follows:

     (1)  The following units shall be consolidated into a single office, whose head shall report to the director of human services:

          (A)  Budget, planning, and management office;

          (B)  Fiscal management office; and

          (C)  Audit, quality control, and research office;

     (2)  The following units shall be consolidated into a single division, whose head shall report to the director of human services:

          (A)  Benefit, employment, and support services division; and

          (B)  Division of vocational rehabilitation;

          provided that the office of investigations of the benefit, employment, and support services division shall be transferred as provided in paragraph (5)(B);

     (3)  The med-QUEST division shall reorganize its structure as follows:

          (A)  Pursuant to Act 55, Session Laws of Hawaii, the department of human services shall create the structure and function of the health analytics program pursuant to part XX of chapter 346, Hawaii Revised Statutes;

          (B)  The administrator of the health analytics program shall report to administrator of the med-QUEST program; and

          (C)  The policy and program development office within the med-QUEST program shall be abolished and its staff and functions shall be transferred to the health analytics program;

     (4)  The foster and adoptive care program, currently within the child welfare services branch of the social services division, shall be moved into a new unit whose head shall report to the director of human services; and

     (5)  The following units shall be transferred from their current administrative locations into a newly established division, whose head shall report to the director of human services:

          (A)  From the social services division:

               (i)  Adult foster care program;

              (ii)  Senior companion program;

             (iii)  Respite companion program;

              (iv)  Foster grandparent program;

               (v)  Transportation assistance for resident aliens and naturalized citizens; and

              (vi)  Courtesy services; and

          (B)  The office of investigations, which is currently within the benefit, employment, and support services division, the office of investigations.

     SECTION 2.  The department of human services shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2022 that contains:

     (1)  An update on the department's progress in effectuating the reorganization required by this Act;

     (2)  An organizational chart that describes the department of human services' new organizational structure; and

     (3)  Proposed legislation that includes any statutory changes that are required to complete the reorganization required by this Act.

     SECTION 3.  On July 1, 2021, all rights, powers, functions, and duties of the units transferred pursuant to this Act shall be transferred as described in section 1 of this Act.

     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 4.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by a program or unit being transferred pursuant to this Act shall be transferred with the functions to which they relate.

     SECTION 5.  All rules, policies, procedures, guidelines, and other material adopted or developed by a program or unit transferred pursuant to this Act to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to a different program or unit by this Act shall remain in full force and effect until amended or repealed by the department of human services, pursuant to chapter 91, Hawaii Revised Statutes.

     SECTION 6.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 7.  This Act shall take effect on July 1, 2021.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

DHS; Reorganization

 

Description:

Reorganizes the administrative structure of the department of human services.  Requires the department of human services to submit report to legislature prior to the regular session of 2022 proposing any additional legislation required to complete the reorganization.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.