Hawaii 2025 Regular Session

Hawaii Senate Bill SB1463 Compare Versions

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11 THE SENATE S.B. NO. 1463 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT RELATING TO EMPLOYMENT IN THE STATE HISTORIC PRESERVATION PROGRAM. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3131 A BILL FOR AN ACT
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3737 RELATING TO EMPLOYMENT IN THE STATE HISTORIC PRESERVATION PROGRAM.
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4141 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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4444
4545 SECTION 1. Section 6E-3, Hawaii Revised Statutes, is amended to read as follows: "§6E-3 Historic preservation program. There is established within the department a division to administer a comprehensive historic preservation program, which shall include but not be limited to the following: (1) Development of an ongoing program of historical, architectural, and archaeological research and development, including surveys, excavations, scientific recording, interpretation, signage, and publications on the State's historical and cultural resources; (2) Acquisition of historic or cultural properties, real or personal, in fee or in any lesser interest, by gift, purchase, condemnation, devise, bequest, land exchange, or other means; preservation, restoration, administration, or transference of the property; and the charging of reasonable admissions to that property; (3) Development of a statewide survey and inventory to identify and document historic properties, aviation artifacts, and burial sites, including all those owned by the State and the counties; (4) Preparation of information for the Hawaii register of historic places and listing on the national register of historic places; (5) Preparation, review, and revisions of a state historic preservation plan, including budget requirements and land use recommendations; (6) Application for and receipt of gifts, grants, technical assistance, and other funding from public and private sources for the purposes of this chapter; (7) Provision of technical and financial assistance to the counties and public and private agencies involved in historic preservation activities; (8) Coordination of activities of the counties in accordance with the state plan for historic preservation; (9) Stimulation of public interest in historic preservation, including the development and implementation of interpretive programs for historic properties listed on or eligible for the Hawaii register of historic places; (10) Coordination of the evaluation and management of burial sites as provided in section 6E-43; (11) Acquisition of burial sites in fee or in any lesser interest, by gift, purchase, condemnation, devise, bequest, land exchange, or other means, to be held in trust; (12) Submittal of an annual report to the governor and legislature detailing the accomplishments of the year, recommendations for changes in the state plan or future programs relating to historic preservation, and an accounting of all income, expenditures, and the fund balance of the Hawaii historic preservation special fund; (13) Regulation of archaeological activities throughout the State; (14) Employment of sufficient professional and technical staff for the purposes of this chapter which [shall] may be in accordance with chapter 76; (15) The charging of fees to be determined by the department that are proportional to the nature and complexity of the projects or services provided, and adjusted from time to time to ensure that the proceeds, together with all other fines, income, and penalties collected under this chapter, do not surpass the annual operating costs of the comprehensive historic preservation program; (16) Adoption of rules in accordance with chapter 91, necessary to carry out the purposes of this chapter; and (17) Development and adoption, in consultation with the office of Hawaiian affairs native historic preservation council, of rules governing permits for access by native Hawaiians and Hawaiians to cultural, historic, and pre-contact sites and monuments." SECTION 2. Section 76-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The civil service to which this chapter applies shall comprise all positions in the State now existing or hereafter established and embrace all personal services performed for the State, except the following: (1) Commissioned and enlisted personnel of the Hawaii National Guard and positions in the Hawaii National Guard that are required by state or federal laws or regulations or orders of the National Guard to be filled from those commissioned or enlisted personnel; (2) Positions filled by persons employed by contract where the director of human resources development has certified that the service is special or unique or is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures. Any contract may be for any period not exceeding one year; (3) Positions that must be filled without delay to comply with a court order or decree if the director determines that recruitment through normal recruitment civil service procedures would result in delay or noncompliance, such as the Felix-Cayetano consent decree; (4) Positions filled by the legislature or by either house or any committee thereof; (5) Employees in the office of the governor and office of the lieutenant governor, and household employees at Washington Place; (6) Positions filled by popular vote; (7) Department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor or are required by law to be confirmed by the senate; (8) Judges, referees, receivers, masters, jurors, notaries public, land court examiners, court commissioners, and attorneys appointed by a state court for a special temporary service; (9) One bailiff for the chief justice of the supreme court who shall have the powers and duties of a court officer and bailiff under section 606-14; one secretary or clerk for each justice of the supreme court, each judge of the intermediate appellate court, and each judge of the circuit court; one secretary for the judicial council; one deputy administrative director of the courts; three law clerks for the chief justice of the supreme court, two law clerks for each associate justice of the supreme court and each judge of the intermediate appellate court, one law clerk for each judge of the circuit court, two additional law clerks for the civil administrative judge of the circuit court of the first circuit, two additional law clerks for the criminal administrative judge of the circuit court of the first circuit, one additional law clerk for the senior judge of the family court of the first circuit, two additional law clerks for the civil motions judge of the circuit court of the first circuit, two additional law clerks for the criminal motions judge of the circuit court of the first circuit, and two law clerks for the administrative judge of the district court of the first circuit; and one private secretary for the administrative director of the courts, the deputy administrative director of the courts, each department head, each deputy or first assistant, and each additional deputy, or assistant deputy, or assistant defined in paragraph (16); (10) First deputy and deputy attorneys general, the administrative services manager of the department of the attorney general, one secretary for the administrative services manager, an administrator and any support staff for the criminal and juvenile justice resources coordination functions, and law clerks; (11) (A) Teachers, principals, vice-principals, complex area superintendents, deputy and assistant superintendents, other certificated personnel, and no more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work; (B) Effective July 1, 2003, teaching assistants, educational assistants, bilingual or bicultural school-home assistants, school psychologists, psychological examiners, speech pathologists, athletic health care trainers, alternative school work study assistants, alternative school educational or supportive services specialists, alternative school project coordinators, and communications aides in the department of education; (C) The special assistant to the state librarian and one secretary for the special assistant to the state librarian; and (D) Members of the faculty of the [University] university of Hawaii, including research workers, extension agents, personnel engaged in instructional work, and administrative, professional, and technical personnel of the university; (12) Employees engaged in special, research, or demonstration projects approved by the governor; (13) (A) Positions filled by inmates, patients of state institutions, and persons with severe physical or mental disabilities participating in the work experience training programs; (B) Positions filled with students in accordance with guidelines for established state employment programs; and (C) Positions that provide work experience training or temporary public service employment that are filled by persons entering the workforce or persons transitioning into other careers under programs such as the federal Workforce Investment Act of 1998, as amended, or the Senior Community Service Employment Program of the Employment and Training Administration of the United States Department of Labor, or under other similar state programs; (14) A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace; (15) Positions filled by persons employed on a fee, contract, or piecework basis, who may lawfully perform their duties concurrently with their private business or profession or other private employment and whose duties require only a portion of their time, if it is impracticable to ascertain or anticipate the portion of time to be devoted to the service of the State; (16) Positions of first deputies or first assistants of each department head appointed under or in the manner provided in section 6, article V, of the Hawaii State Constitution; three additional deputies or assistants either in charge of the highways, harbors, and airports divisions or other functions within the department of transportation as may be assigned by the director of transportation, with the approval of the governor; one additional deputy in the department of human services either in charge of welfare or other functions within the department as may be assigned by the director of human services; four additional deputies in the department of health, each in charge of one of the following: behavioral health, environmental health, hospitals, and health resources administration, including other functions within the department as may be assigned by the director of health, with the approval of the governor; two additional deputies in charge of the law enforcement programs, administration, or other functions within the department of law enforcement as may be assigned by the director of law enforcement, with the approval of the governor; three additional deputies each in charge of the correctional institutions, rehabilitation services and programs, and administration or other functions within the department of corrections and rehabilitation as may be assigned by the director of corrections and rehabilitation, with the approval of the governor; two administrative assistants to the state librarian; and an administrative assistant to the superintendent of education; (17) Positions specifically exempted from this part by any other law; provided that: (A) Any exemption created after July 1, 2014, shall expire three years after its enactment unless affirmatively extended by an act of the legislature; and (B) All of the positions defined by paragraph (9) shall be included in the position classification plan; (18) Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects; (19) Household employees at the official residence of the president of the [University] university of Hawaii; (20) Employees in the department of education engaged in the supervision of students during meal periods in the distribution, collection, and counting of meal tickets, and in the cleaning of classrooms after school hours on a less than half-time basis; (21) Employees hired under the tenant hire program of the Hawaii public housing authority; provided that no more than twenty-six per cent of the authority's workforce in any housing project maintained or operated by the authority shall be hired under the tenant hire program; (22) Positions of the federally funded expanded food and nutrition program of the [University] university of Hawaii that require the hiring of nutrition program assistants who live in the areas they serve; (23) Positions filled by persons with severe disabilities who are certified by the state vocational rehabilitation office that they are able to perform safely the duties of the positions; (24) The sheriff; (25) A gender and other fairness coordinator hired by the judiciary; (26) Positions in the Hawaii National Guard youth and adult education programs; (27) In the Hawaii state energy office in the department of business, economic development, and tourism, all energy program managers, energy program specialists, energy program assistants, and energy analysts; (28) Administrative appeals hearing officers in the department of human services; (29) In the Med-QUEST division of the department of human services, the division administrator, finance officer, health care services branch administrator, medical director, and clinical standards administrator; (30) In the director's office of the department of human services, the enterprise officer, information security and privacy compliance officer, security and privacy compliance engineer, security and privacy compliance analyst, information technology implementation manager, assistant information technology implementation manager, resource manager, community or project development director, policy director, special assistant to the director, and limited English proficiency project manager or coordinator; (31) The Alzheimer's disease and related dementia services coordinator in the executive office on aging; (32) In the Hawaii emergency management agency, the executive officer, public information officer, civil defense administrative officer, branch chiefs, and emergency operations center state warning point personnel; provided that for state warning point personnel, the director shall determine that recruitment through normal civil service recruitment procedures would result in delay or noncompliance; (33) The executive director and seven full-time administrative positions of the school facilities authority; (34) Positions in the Mauna Kea stewardship and oversight authority; (35) In the office of homeland security of the department of law enforcement, the statewide interoperable communications coordinator; (36) In the social services division of the department of human services, the business technology analyst; [[](37)[]] The executive director and staff of the 911 board; [[](38)[]] Senior software developers in the department of taxation; [[](39)[]] In the department of law enforcement, five Commission on Accreditation for Law Enforcement Agencies, Inc., coordinator positions; [[](40)[]] The state fire marshal; [and] [[](41)[]] The administrator for the law enforcement standards board[.]; and (42) Professional and technical staff within the state historic preservation division of the department of land and natural resources. The director shall determine the applicability of this section to specific positions. Nothing in this section shall be deemed to affect the civil service status of any incumbent as it existed on July 1, 1955." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ BY REQUEST
4646
4747 SECTION 1. Section 6E-3, Hawaii Revised Statutes, is amended to read as follows:
4848
4949 "§6E-3 Historic preservation program. There is established within the department a division to administer a comprehensive historic preservation program, which shall include but not be limited to the following:
5050
5151 (1) Development of an ongoing program of historical, architectural, and archaeological research and development, including surveys, excavations, scientific recording, interpretation, signage, and publications on the State's historical and cultural resources;
5252
5353 (2) Acquisition of historic or cultural properties, real or personal, in fee or in any lesser interest, by gift, purchase, condemnation, devise, bequest, land exchange, or other means; preservation, restoration, administration, or transference of the property; and the charging of reasonable admissions to that property;
5454
5555 (3) Development of a statewide survey and inventory to identify and document historic properties, aviation artifacts, and burial sites, including all those owned by the State and the counties;
5656
5757 (4) Preparation of information for the Hawaii register of historic places and listing on the national register of historic places;
5858
5959 (5) Preparation, review, and revisions of a state historic preservation plan, including budget requirements and land use recommendations;
6060
6161 (6) Application for and receipt of gifts, grants, technical assistance, and other funding from public and private sources for the purposes of this chapter;
6262
6363 (7) Provision of technical and financial assistance to the counties and public and private agencies involved in historic preservation activities;
6464
6565 (8) Coordination of activities of the counties in accordance with the state plan for historic preservation;
6666
6767 (9) Stimulation of public interest in historic preservation, including the development and implementation of interpretive programs for historic properties listed on or eligible for the Hawaii register of historic places;
6868
6969 (10) Coordination of the evaluation and management of burial sites as provided in section 6E-43;
7070
7171 (11) Acquisition of burial sites in fee or in any lesser interest, by gift, purchase, condemnation, devise, bequest, land exchange, or other means, to be held in trust;
7272
7373 (12) Submittal of an annual report to the governor and legislature detailing the accomplishments of the year, recommendations for changes in the state plan or future programs relating to historic preservation, and an accounting of all income, expenditures, and the fund balance of the Hawaii historic preservation special fund;
7474
7575 (13) Regulation of archaeological activities throughout the State;
7676
7777 (14) Employment of sufficient professional and technical staff for the purposes of this chapter which [shall] may be in accordance with chapter 76;
7878
7979 (15) The charging of fees to be determined by the department that are proportional to the nature and complexity of the projects or services provided, and adjusted from time to time to ensure that the proceeds, together with all other fines, income, and penalties collected under this chapter, do not surpass the annual operating costs of the comprehensive historic preservation program;
8080
8181 (16) Adoption of rules in accordance with chapter 91, necessary to carry out the purposes of this chapter; and
8282
8383 (17) Development and adoption, in consultation with the office of Hawaiian affairs native historic preservation council, of rules governing permits for access by native Hawaiians and Hawaiians to cultural, historic, and pre-contact sites and monuments."
8484
8585 SECTION 2. Section 76-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
8686
8787 "(b) The civil service to which this chapter applies shall comprise all positions in the State now existing or hereafter established and embrace all personal services performed for the State, except the following:
8888
8989 (1) Commissioned and enlisted personnel of the Hawaii National Guard and positions in the Hawaii National Guard that are required by state or federal laws or regulations or orders of the National Guard to be filled from those commissioned or enlisted personnel;
9090
9191 (2) Positions filled by persons employed by contract where the director of human resources development has certified that the service is special or unique or is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures. Any contract may be for any period not exceeding one year;
9292
9393 (3) Positions that must be filled without delay to comply with a court order or decree if the director determines that recruitment through normal recruitment civil service procedures would result in delay or noncompliance, such as the Felix-Cayetano consent decree;
9494
9595 (4) Positions filled by the legislature or by either house or any committee thereof;
9696
9797 (5) Employees in the office of the governor and office of the lieutenant governor, and household employees at Washington Place;
9898
9999 (6) Positions filled by popular vote;
100100
101101 (7) Department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor or are required by law to be confirmed by the senate;
102102
103103 (8) Judges, referees, receivers, masters, jurors, notaries public, land court examiners, court commissioners, and attorneys appointed by a state court for a special temporary service;
104104
105105 (9) One bailiff for the chief justice of the supreme court who shall have the powers and duties of a court officer and bailiff under section 606-14; one secretary or clerk for each justice of the supreme court, each judge of the intermediate appellate court, and each judge of the circuit court; one secretary for the judicial council; one deputy administrative director of the courts; three law clerks for the chief justice of the supreme court, two law clerks for each associate justice of the supreme court and each judge of the intermediate appellate court, one law clerk for each judge of the circuit court, two additional law clerks for the civil administrative judge of the circuit court of the first circuit, two additional law clerks for the criminal administrative judge of the circuit court of the first circuit, one additional law clerk for the senior judge of the family court of the first circuit, two additional law clerks for the civil motions judge of the circuit court of the first circuit, two additional law clerks for the criminal motions judge of the circuit court of the first circuit, and two law clerks for the administrative judge of the district court of the first circuit; and one private secretary for the administrative director of the courts, the deputy administrative director of the courts, each department head, each deputy or first assistant, and each additional deputy, or assistant deputy, or assistant defined in paragraph (16);
106106
107107 (10) First deputy and deputy attorneys general, the administrative services manager of the department of the attorney general, one secretary for the administrative services manager, an administrator and any support staff for the criminal and juvenile justice resources coordination functions, and law clerks;
108108
109109 (11) (A) Teachers, principals, vice-principals, complex area superintendents, deputy and assistant superintendents, other certificated personnel, and no more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work;
110110
111111 (B) Effective July 1, 2003, teaching assistants, educational assistants, bilingual or bicultural school-home assistants, school psychologists, psychological examiners, speech pathologists, athletic health care trainers, alternative school work study assistants, alternative school educational or supportive services specialists, alternative school project coordinators, and communications aides in the department of education;
112112
113113 (C) The special assistant to the state librarian and one secretary for the special assistant to the state librarian; and
114114
115115 (D) Members of the faculty of the [University] university of Hawaii, including research workers, extension agents, personnel engaged in instructional work, and administrative, professional, and technical personnel of the university;
116116
117117 (12) Employees engaged in special, research, or demonstration projects approved by the governor;
118118
119119 (13) (A) Positions filled by inmates, patients of state institutions, and persons with severe physical or mental disabilities participating in the work experience training programs;
120120
121121 (B) Positions filled with students in accordance with guidelines for established state employment programs; and
122122
123123 (C) Positions that provide work experience training or temporary public service employment that are filled by persons entering the workforce or persons transitioning into other careers under programs such as the federal Workforce Investment Act of 1998, as amended, or the Senior Community Service Employment Program of the Employment and Training Administration of the United States Department of Labor, or under other similar state programs;
124124
125125 (14) A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;
126126
127127 (15) Positions filled by persons employed on a fee, contract, or piecework basis, who may lawfully perform their duties concurrently with their private business or profession or other private employment and whose duties require only a portion of their time, if it is impracticable to ascertain or anticipate the portion of time to be devoted to the service of the State;
128128
129129 (16) Positions of first deputies or first assistants of each department head appointed under or in the manner provided in section 6, article V, of the Hawaii State Constitution; three additional deputies or assistants either in charge of the highways, harbors, and airports divisions or other functions within the department of transportation as may be assigned by the director of transportation, with the approval of the governor; one additional deputy in the department of human services either in charge of welfare or other functions within the department as may be assigned by the director of human services; four additional deputies in the department of health, each in charge of one of the following: behavioral health, environmental health, hospitals, and health resources administration, including other functions within the department as may be assigned by the director of health, with the approval of the governor; two additional deputies in charge of the law enforcement programs, administration, or other functions within the department of law enforcement as may be assigned by the director of law enforcement, with the approval of the governor; three additional deputies each in charge of the correctional institutions, rehabilitation services and programs, and administration or other functions within the department of corrections and rehabilitation as may be assigned by the director of corrections and rehabilitation, with the approval of the governor; two administrative assistants to the state librarian; and an administrative assistant to the superintendent of education;
130130
131131 (17) Positions specifically exempted from this part by any other law; provided that:
132132
133133 (A) Any exemption created after July 1, 2014, shall expire three years after its enactment unless affirmatively extended by an act of the legislature; and
134134
135135 (B) All of the positions defined by paragraph (9) shall be included in the position classification plan;
136136
137137 (18) Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects;
138138
139139 (19) Household employees at the official residence of the president of the [University] university of Hawaii;
140140
141141 (20) Employees in the department of education engaged in the supervision of students during meal periods in the distribution, collection, and counting of meal tickets, and in the cleaning of classrooms after school hours on a less than half-time basis;
142142
143143 (21) Employees hired under the tenant hire program of the Hawaii public housing authority; provided that no more than twenty-six per cent of the authority's workforce in any housing project maintained or operated by the authority shall be hired under the tenant hire program;
144144
145145 (22) Positions of the federally funded expanded food and nutrition program of the [University] university of Hawaii that require the hiring of nutrition program assistants who live in the areas they serve;
146146
147147 (23) Positions filled by persons with severe disabilities who are certified by the state vocational rehabilitation office that they are able to perform safely the duties of the positions;
148148
149149 (24) The sheriff;
150150
151151 (25) A gender and other fairness coordinator hired by the judiciary;
152152
153153 (26) Positions in the Hawaii National Guard youth and adult education programs;
154154
155155 (27) In the Hawaii state energy office in the department of business, economic development, and tourism, all energy program managers, energy program specialists, energy program assistants, and energy analysts;
156156
157157 (28) Administrative appeals hearing officers in the department of human services;
158158
159159 (29) In the Med-QUEST division of the department of human services, the division administrator, finance officer, health care services branch administrator, medical director, and clinical standards administrator;
160160
161161 (30) In the director's office of the department of human services, the enterprise officer, information security and privacy compliance officer, security and privacy compliance engineer, security and privacy compliance analyst, information technology implementation manager, assistant information technology implementation manager, resource manager, community or project development director, policy director, special assistant to the director, and limited English proficiency project manager or coordinator;
162162
163163 (31) The Alzheimer's disease and related dementia services coordinator in the executive office on aging;
164164
165165 (32) In the Hawaii emergency management agency, the executive officer, public information officer, civil defense administrative officer, branch chiefs, and emergency operations center state warning point personnel; provided that for state warning point personnel, the director shall determine that recruitment through normal civil service recruitment procedures would result in delay or noncompliance;
166166
167167 (33) The executive director and seven full-time administrative positions of the school facilities authority;
168168
169169 (34) Positions in the Mauna Kea stewardship and oversight authority;
170170
171171 (35) In the office of homeland security of the department of law enforcement, the statewide interoperable communications coordinator;
172172
173173 (36) In the social services division of the department of human services, the business technology analyst;
174174
175175 [[](37)[]] The executive director and staff of the 911 board;
176176
177177 [[](38)[]] Senior software developers in the department of taxation;
178178
179179 [[](39)[]] In the department of law enforcement, five Commission on Accreditation for Law Enforcement Agencies, Inc., coordinator positions;
180180
181181 [[](40)[]] The state fire marshal; [and]
182182
183183 [[](41)[]] The administrator for the law enforcement standards board[.]; and
184184
185185 (42) Professional and technical staff within the state historic preservation division of the department of land and natural resources.
186186
187187 The director shall determine the applicability of this section to specific positions.
188188
189189 Nothing in this section shall be deemed to affect the civil service status of any incumbent as it existed on July 1, 1955."
190190
191191 SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
192192
193193 SECTION 4. This Act shall take effect upon its approval.
194194
195195
196196
197197 INTRODUCED BY: _____________________________
198198 BY REQUEST
199199
200200 INTRODUCED BY:
201201
202202 _____________________________
203203
204204
205205
206206
207207
208208 BY REQUEST
209209
210210 Report Title: DLNR; State Historic Preservation Program; Employees Description: Amend sections 6E-3 and 76-16(b), HRS, to allow the Department of Land and Natural Resources to employ both civil service and non-civil service professional and technical staff in its State Historic Preservation Program. 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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218218 Report Title:
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220220 DLNR; State Historic Preservation Program; Employees
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224224 Description:
225225
226226 Amend sections 6E-3 and 76-16(b), HRS, to allow the Department of Land and Natural Resources to employ both civil service and non-civil service professional and technical staff in its State Historic Preservation Program.
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234234 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.