| 47 | | - | SECTION 1. All rights, powers, functions, and duties of the university of Hawaii relating to the operational functions of the makai research pier located at the southeast corner of Oahu near Makapuu point are transferred to the natural energy laboratory of Hawaii authority. All employees who occupy civil service positions and whose functions are transferred to the natural energy laboratory of Hawaii authority 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 executive director of the natural energy laboratory of Hawaii authority may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes. SECTION 2. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the university of Hawaii relating to the functions transferred to the natural energy laboratory of Hawaii authority shall be transferred with the functions to which they relate. SECTION 3. The director of finance is authorized to issue general obligation bonds in the sum of $5,000,000 or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2021-2022 to be expended by the natural energy laboratory of Hawaii authority to repair and upgrade the makai research pier. SECTION 4. The appropriation made for the capital improvement project authorized by this Act shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all moneys from the appropriation unencumbered as of June 30, 2024, shall lapse as of that date. SECTION 5. This Act shall take effect on July 1, 2050. |
|---|
| 47 | + | SECTION 1. All rights, powers, functions, and duties of the University of Hawaii relating to the operational functions of the makai research pier located at the southeast corner of Oahu near Makapuu point are transferred to the natural energy laboratory of Hawaii authority. All employees who occupy civil service positions and whose functions are transferred to the natural energy laboratory of Hawaii authority 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 executive director of the natural energy laboratory of Hawaii authority may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes. SECTION 2. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the University of Hawaii relating to the functions transferred to the natural energy laboratory of Hawaii authority shall be transferred with the functions to which they relate. SECTION 3. All rights and obligations of the University of Hawaii relating to leases for the use and occupancy of any portion of the makai research pier as of the date this Act takes effect are transferred to the natural energy laboratory of Hawaii authority and the natural energy laboratory of Hawaii authority shall assume all such rights and obligations. In connection therewith, such leases shall not be terminated nor shall the tenants' use, possession, or enjoyment of the leased premises under said leases be disturbed or interfered with as a result of said transfer, and said tenants shall attorn to natural energy laboratory of Hawaii authority as the lessor under said leases. Current tenants shall be given first right to long-term lease extensions to be negotiated with the natural energy laboratory of Hawaii authority. SECTION 4. The director of finance is authorized to issue general obligation bonds in the sum of $5,000,000 or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2021-2022 to be expended by the natural energy laboratory of Hawaii authority to repair and upgrade the makai research pier. SECTION 5. The appropriation made for the capital improvement project authorized by this Act shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all moneys from the appropriation unencumbered as of June 30, 2024, shall lapse as of that date. SECTION 6. This Act shall take effect on July 1, 2021. |
|---|