SB3006

Report Title:

Educational Facilities; DOE; DAGS; Repair, Maintenance, CIP

Description:

Transfers the rights, powers, functions, and duties of the operations and maintenance section and the CIP planning and finance section of the DOE facilities and support services branch to the DAGS, effective July 1, 2003.

THE SENATE	S.B. NO.	3006
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

relating to the management of department of education facilities.

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

Part I

SECTION 1. (a) The purpose of this part is to:

(1) Establish the school support division and the general support division within the department of accounting and general services;

(2) Transfer all school-related functions within the central services division and the public works division of the department of accounting and general services to the school support division; and

(3) Consolidate the remaining functions of the central services division and the public works division within the general support division,

effective January 1, 2003.

(b) Part II of this Act transfers the rights, powers, functions, and duties of the operations and maintenance section and the capital improvement project planning and finance section of the department of education facilities and support services branch to the department of accounting and general services school support division, effective July 1, 2003.

SECTION 2. (a) Effective January 1, 2003, there is established within the department of accounting and general services, the school support division and the general support division.

(b) The comptroller shall:

(1) Transfer all school-related functions within the central services division and the public works division of the department of accounting and general services to the school support division; and

(2) Consolidate the remaining functions of the central services division and the public works division within the general support division,

effective January 1, 2003.

(c) All officers and employees whose functions are transferred by this part 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 part.

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 part, 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 part 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.

Part II

SECTION 3. The purpose of this part is to transfer the rights, powers, functions, and duties of the operations and maintenance section and the capital improvement project planning and finance section of the department of education facilities and support services branch to the department of accounting and general services school support division, effective July 1, 2003.

SECTION 4. Section 302A-1313, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1313[]] Federal/state cooperation authorized. The department of accounting and general services may enter into agreements with any federal agency to construct, repair, or renovate Hawaii public schools on military bases and elsewhere in the State using state or federal funds, subject to the department's educational specifications and standards for facilities. The department of accounting and general services shall cooperate with any federal agency to carry out this section."

SECTION 5. Section 302A-1501, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1501[]] Noise and climate control at school facilities. (a) The department of accounting and general services shall plan for, and request appropriations necessary to implement, acoustic noise control and air conditioning of existing and new school facilities in areas that are susceptible to extremes of temperature or affected by aircraft, traffic, and other noise. The department of accounting and general services shall develop appropriate standards and consider local conditions for deciding whether acoustic noise control and air conditioning of existing and new school facilities are required for effective classroom instruction. In all cases where acoustic treatment of school facilities is planned, the department of accounting and general services shall utilize the services of individuals qualified by training and experience to recommend appropriate noise control procedures and components. Acoustic noise control and air conditioning shall be given equal weight as all other factors in the criteria used by the department of accounting and general services in setting priorities for school construction and renovations.

(b) In any case where air conditioners are installed in a particular school, the department of accounting and general services may require that the approximate cost of electricity and maintenance for air conditioners not installed by the department of accounting and general services be paid by a private entity until the department of accounting and general services establishes temperature and noise standards and a policy relating to air conditioning."

SECTION 6. Section 302A-1502, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1502[]] School inspection program. The department of [~~education,~~] accounting and general services, in consultation and cooperation with the department of health and the department of [~~accounting and general services,~~] education, shall establish a school inspection program to maintain high levels of hygiene, sanitation and health, safety, maintenance, and physical appearance for each school for the benefit of students, administrators, and staff. The program shall include but not be limited to the following:

(1) The utilization of checklists that reflect basic standards;

(2) The involvement of students, parents, and staff; and

(3) Regularly scheduled announced inspections and unannounced inspections of school grounds, restrooms, cafeterias, locker rooms, classrooms, and other facilities."

SECTION 7. Section 302A-1503, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1503[]] Donated school equipment and fixtures; repair and maintenance responsibility. (a) The department of accounting and general services may accept donations of school equipment or fixtures on behalf of the department[,] of education, individual schools, or school complexes. Donations that meet current educational specifications or exceed existing educational specifications shall be deemed acceptable in instances where the donations enhance the school environment or improve the administration of school programs in accordance with criteria established by the department of accounting and general services pursuant to chapter 91.

(b) [~~In the case of fixtures that are to be installed in existing or new school facilities, the~~] The department of accounting and general services shall [~~thereafter~~] be responsible for the repair and maintenance of the donated fixtures[~~. In the case of equipment that supports the school's curriculum and programs, the department of education shall thereafter be responsible for the repair and maintenance of the donated~~] and equipment.

(c) The department of accounting and general services may accept a donation only if the equipment or fixture is useful to enhance the physical environment or safety of a school, or is a benefit to learning.

(d) The private source making a donation shall not be liable upon any claim for injury arising from the donated equipment or fixture; provided that this provision shall not affect the responsibility or liability of manufacturers of defective products nor shall it reflect the responsibilities of negligent persons who cause dangerous conditions that result in injury."

SECTION 8. All rights, powers, functions, and duties of the operations and maintenance section and the capital improvement project planning and finance section of the department of education facilities and support services branch are transferred to the department of accounting and general services school support division, effective July 1, 2003.

All officers and employees whose functions are transferred by this part 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 part.

SECTION 9. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the operations and maintenance section and the capital improvement project planning and finance section of the department of education facilities and support services branch, relating to the functions transferred to the department of accounting and general services school support division shall be transferred with the functions to which they relate, effective July 1, 2003.

SECTION 10. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of education to implement provisions of the Hawaii Revised Statutes which are reenacted or made applicable to the department of accounting and general services by this part, shall remain in full force and effect until amended or repealed by the department of accounting and general services pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of education in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of accounting and general services, effective July 1, 2003.

Part III

SECTION 11. The department of education and the department of accounting and general services shall develop plans to fully implement part I and part II of this Act on January 1, 2003, and July 1, 2003, respectively, without undue delay.

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect upon its approval; provided that:

(1) Part I shall take effect on January 1, 2003; and

(2) Part II shall take effect on July 1, 2003.

INTRODUCED BY:	_____________________________