Hawaii 2022 Regular Session

Hawaii House Bill HB549 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 549 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to measurement standards. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 549
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	549
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to measurement standards.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The purpose of this Act is to effectuate the transfer of the regulation and oversight of measurement standards from the department of agriculture to the department of commerce and consumer affairs. SECTION 2. Section 486-1, Hawaii Revised Statutes, is amended as follows: 1. Adding a new definition of "director" to be appropriately inserted and to read: ""Director" means the director of the department of commerce and consumer affairs." 2. By amending the definition of "department" to read: ""Department" means department of [agriculture.] commerce and consumer affairs." 3. By repealing the definitions of "board" and "chairperson": [""Board" means board of agriculture. "Chairperson" includes the chairperson of the board of agriculture and when specifically designated by the chairperson for the purpose of effectuating this chapter, the deputy to the chairperson."] SECTION 3. Section 486-33, Hawaii Revised Statutes, is amended to read as follows: "§486-33 Injunction. In addition to any other remedy by law provided, the [chairperson] director may apply to any court of competent jurisdiction for, and the court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of the respective parts of this chapter or the rules promulgated thereunder." SECTION 4. Section 486-2, 486-4, 486-6, 486-7, 486-31, 486-36, 486-52, 486-53, 486-55, 486-56, 486-102, 486-105, 486-108, 486-109, 486-110, 486-111, 486-112, 486-113, 486-116, 486-117, 486-118, 486-122, 486-132, 486-133, 486-135, and 486-137 are amended by substituting the word "department" wherever the word "board" appears, as the context requires. SECTION 5. All rights, powers, functions, and duties of the department of agriculture as they relate to the regulation and oversight of measurement standards are transferred to the department of commerce and consumer protection. All employees who occupy civil service positions and whose functions are transferred to the department of commerce and consumer protection by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws. Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The director of commerce and consumer protection may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes. SECTION 6. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of agriculture relating to the functions transferred to the department of commerce and consumer affairs shall be transferred with the functions to which they relate. SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 8. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The purpose of this Act is to effectuate the transfer of the regulation and oversight of measurement standards from the department of agriculture to the department of commerce and consumer affairs.
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51	51	SECTION 2. Section 486-1, Hawaii Revised Statutes, is amended as follows:
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53	53	1. Adding a new definition of "director" to be appropriately inserted and to read:
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55	55	""Director" means the director of the department of commerce and consumer affairs."
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57	57	2. By amending the definition of "department" to read:
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59	59	""Department" means department of [agriculture.] commerce and consumer affairs."
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61	61	3. By repealing the definitions of "board" and "chairperson":
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63	63	[""Board" means board of agriculture.
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65	65	"Chairperson" includes the chairperson of the board of agriculture and when specifically designated by the chairperson for the purpose of effectuating this chapter, the deputy to the chairperson."]
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67	67	SECTION 3. Section 486-33, Hawaii Revised Statutes, is amended to read as follows:
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69	69	"§486-33 Injunction. In addition to any other remedy by law provided, the [chairperson] director may apply to any court of competent jurisdiction for, and the court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of the respective parts of this chapter or the rules promulgated thereunder."
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71	71	SECTION 4. Section 486-2, 486-4, 486-6, 486-7, 486-31, 486-36, 486-52, 486-53, 486-55, 486-56, 486-102, 486-105, 486-108, 486-109, 486-110, 486-111, 486-112, 486-113, 486-116, 486-117, 486-118, 486-122, 486-132, 486-133, 486-135, and 486-137 are amended by substituting the word "department" wherever the word "board" appears, as the context requires.
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73	73	SECTION 5. All rights, powers, functions, and duties of the department of agriculture as they relate to the regulation and oversight of measurement standards are transferred to the department of commerce and consumer protection.
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75	75	All employees who occupy civil service positions and whose functions are transferred to the department of commerce and consumer protection by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
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77	77	Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The director of commerce and consumer protection may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.
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79	79	SECTION 6. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of agriculture relating to the functions transferred to the department of commerce and consumer affairs shall be transferred with the functions to which they relate.
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81	81	SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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83	83	SECTION 8. This Act shall take effect upon its approval.
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87	87	INTRODUCED BY: _____________________________
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89	89	INTRODUCED BY:
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91	91	_____________________________
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97	97	Report Title: Department of Commerce and Consumer Affairs; Department of Agriculture; Measurement Standards Description: Transfers the oversight and regulation of measurement standards in the State from the department of agriculture to the department of commerce and consumer affairs. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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103	103	Report Title:
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105	105	Department of Commerce and Consumer Affairs; Department of Agriculture; Measurement Standards
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109	109	Description:
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111	111	Transfers the oversight and regulation of measurement standards in the State from the department of agriculture to the department of commerce and consumer affairs.
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119	119	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.