REPORT TITLE:
Education


DESCRIPTION:
Enables DOE to collect fees for supplementary, discretionary
instructional services to students during times when school is
not in session.  (SD2)

 
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THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.



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

 1      SECTION 1.  In response to changing societal needs and
 
 2 educational research, many schools, in recent years, have made
 
 3 significant changes to educational traditions such as the school
 
 4 calendar and other instructional practices.  Many educators
 
 5 recognize the value of using out-of-school time to provide
 
 6 supplemental instruction for students.  Out-of-school time
 
 7 instructional programs include summer school programs,
 
 8 intersession programs, after-school instructional programs, and
 
 9 other educational programs which are held outside of regular
 
10 school days or hours.  Currently, fee collection is authorized
 
11 only for summer school and intersession programs.  The
 
12 legislature finds that changes to the statutes enabling the
 
13 collection of fees for supplementary, discretionary instructional
 
14 services to students during times when school is not in session
 
15 are necessary.  In order to authorize the department of education
 
16 to assess and collect fees for all supplementary instructional
 
17 services to students during out-of-school time, changes to
 
18 current statutes are proposed.
 
19      SECTION 2.  Section 36-27, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "36-27  Transfers from special funds for central service
 
 3 expenses.  Except as provided in this section, and
 
 4 notwithstanding any other law to the contrary, from time to time
 
 5 the director of finance, for the purpose of defraying the
 
 6 prorated estimate of central service expenses of government in
 
 7 relation to all special funds, except the:
 
 8      (1)  Special [summer school and intersession] out-of-school
 
 9           time instructional program fund under section
 
10           302A-1310;
 
11      (2)  School cafeteria special funds of the department of
 
12           education;
 
13      (3)  Special funds of the University of Hawaii;
 
14      (4)  State educational facilities improvement special fund;
 
15      (5)  Convention center capital special fund under section
 
16           206X-10.5 and the convention center operations special
 
17           fund under section 206X-10.6;
 
18      (6)  Special funds established by section 206E-6;
 
19      (7)  Housing loan program revenue bond special fund;
 
20      (8)  Housing project bond special fund;
 
21      (9)  Aloha Tower fund created by section 206J-17;
 
22     (10)  Domestic violence prevention special fund under section
 
23           321-1.3;
 

 
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 1     (11)  Spouse and child abuse special account under section
 
 2           346-7.5;
 
 3     (12)  Spouse and child abuse special account under section
 
 4           601-3.6;
 
 5     (13)  Funds of the employees' retirement system created by
 
 6           section 88-109;
 
 7     (14)  Unemployment compensation fund established under
 
 8           section 383-121;
 
 9     (15)  Hawaii hurricane relief fund established under chapter
 
10           431P;
 
11     (16)  Hawaii health systems corporation special funds;
 
12     (17)  Boiler and elevator safety revolving fund established
 
13           under section 397-5.5;
 
14     (18)  Tourism special fund established under [[]201B-11[]];
 
15           and
 
16     (19)  Department of commerce and consumer affairs' special
 
17           funds;
 
18 shall deduct five per cent of all receipts of all other special
 
19 funds, which deduction shall be transferred to the general fund
 
20 of the State and become general realizations of the State.  All
 
21 officers of the State and other persons having power to allocate
 
22 or disburse any special funds shall cooperate with the director
 
23 in effecting these transfers.  To determine the proper revenue
 

 
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 1 base upon which the central service assessment is to be
 
 2 calculated, the director shall adopt rules pursuant to chapter 91
 
 3 for the purpose of suspending or limiting the application of the
 
 4 central service assessment of any fund.  No later than twenty
 
 5 days prior to the convening of each regular session of the
 
 6 legislature, the director shall report all central service
 
 7 assessments made during the preceding fiscal year."
 
 8      SECTION 3.  Section 36-30, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (a) to read as follows:
 
10      "(a)  Each special fund, except the:
 
11      (1)  Transportation use special fund established by section
 
12           261D-1;
 
13      (2)  Special [summer school and intersession] out-of-school
 
14           time instructional program fund under section
 
15           302A-1310;
 
16      (3)  School cafeteria special funds of the department of
 
17           education;
 
18      (4)  Special funds of the University of Hawaii;
 
19      (5)  State educational facilities improvement special fund;
 
20      (6)  Special funds established by section 206E-6;
 
21      (7)  Aloha Tower fund created by section 206J-17;
 
22      (8)  Domestic violence prevention special fund under section
 
23           321-1.3;
 

 
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 1      (9)  Spouse and child abuse special account under section
 
 2           346-7.5;
 
 3     (10)  Spouse and child abuse special account under section
 
 4           601-3.6;
 
 5     (11)  Funds of the employees' retirement system created by
 
 6           section 88-109;
 
 7     (12)  Unemployment compensation fund established under
 
 8           section 383-121;
 
 9     (13)  Hawaii hurricane relief fund established under chapter
 
10           431P;
 
11     (14)  Convention center capital special fund established
 
12           under section 206X-10.5 and the convention center
 
13           operations special fund established under section
 
14           206X-10.6;
 
15     (15)  Hawaii health systems corporation special funds; and
 
16     (16)  Tourism special funds established under section
 
17           [[]201B-11[]];
 
18 shall be responsible for its pro rata share of the administrative
 
19 expenses incurred by the department responsible for the
 
20 operations supported by the special fund concerned."
 
21      SECTION 4.  Section 302A-1310, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "[[]302A-1310[]]  [Summer schools and intersession] Out-of-
 

 
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 1 school time instructional programs; funds, expenditures.  All
 
 2 moneys received by and for the public [summer schools and
 
 3 intersession] out-of-school time instructional programs [of year-
 
 4 round schools] from tuition and other fees or from any other
 
 5 source shall be deposited in a special [summer school and
 
 6 intersession] out-of-school time instructional program fund; and
 
 7 except as otherwise provided by the legislature, all expenditures
 
 8 for the operation of public [summer schools and intersession]
 
 9 out-of-school time instructional programs shall be made from this
 
10 fund."
 
11      SECTION 5.  Act 216, Session Laws of Hawaii 1997, is amended
 
12 by amending section 13 to read as follows:
 
13      "SECTION 13.  This Act shall take effect on July 1, 1997,
 
14 and shall be repealed on June 30, 2000; provided that any
 
15 statutory or session law material in the Act in existence on June
 
16 30, 1997, shall be reenacted on July 1, 2000, in the same form in
 
17 which it existed on June 30, 1997[.]; and provided further that
 
18 amendments made to sections 36-27 and 36-30, Hawaii Revised
 
19 Statutes, by Act    , Session Laws of Hawaii 1999, shall be
 
20 retained."
 
21      SECTION 6.  Act 142, Session Laws of Hawaii 1998, is amended
 
22 by amending section 9 to read as follows:
 
23      "SECTION 9.  This Act shall take effect upon its approval
 

 
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 1 and shall be repealed on July 31, 2003, except that section 3 of
 
 2 this Act shall not be repealed; provided that sections 36-27 and
 
 3 397-5(b), Hawaii Revised Statutes, shall be reenacted in the form
 
 4 in which they read on the day before the approval of this Act[.];
 
 5 and provided further that amendments made to section 36-27,
 
 6 Hawaii Revised Statutes, by section 2 of Act    , Session Laws of
 
 7 Hawaii 1999, shall be retained."
 
 8      SECTION 7.  In printing this Act, the revisor of statutes
 
 9 shall insert the appropriate number of this Act in sections 5 and
 
10 6 of this Act.
 
11      SECTION 8.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 9.  This Act shall take effect upon its approval.
 

 
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