REPORT TITLE:
School security; community partnering. 


DESCRIPTION:
Transfers the responsibility of the administration of the night
security program for selected public schools from the Department
of Public Safety to the Department of Education; provides that
the community partnering process shall include a community
hearing. (CD1)

 
a                                                               
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1274
THE SENATE                              S.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                C.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC SAFETY.



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

 1                              PART I.
 
 2      SECTION 1.  Section 26-14.6, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (h) to read as follows:
 
 4      "(h)  Effective [January 1, 1993] July 1, 1999, the
 
 5 functions and authority heretofore exercised by the
 
 6 [superintendent of education] director of public safety and the
 
 7 department of [education] public safety relating to after hours
 
 8 security contracts at [its] department of education facilities,
 
 9 [including] except for the security functions being performed by
 
10 employees of the public library system as well as the contractual
 
11 security services for the libraries, shall be transferred to the
 
12 department of [public safety.] education."
 
13      SECTION 2.  All rights, powers, functions, and duties of the
 
14 department of public safety relating to the after hour security
 
15 contracts at department of education facilities shall be
 
16 transferred to the department of education.
 
17      All officers and employees of the department of public
 
18 safety whose functions are transferred by this Act shall be
 
19 transferred with their functions and shall continue to perform
 
20 their regular duties upon the transfer, subject to the state
 
21 personnel laws and this Act.
 
a                                                               
Page 2                                                     1274
                                     S.B. NO.           H.D. 1
                                                        C.D. 1
                                                        

 
 1      No officer or employee of the State having tenure who is
 
 2 transferred by this Act shall suffer any loss of salary,
 
 3 seniority, prior service credit, vacation, sick leave, or other
 
 4 employee benefit or privilege as a consequence of this Act, and
 
 5 such officer or employee may be transferred or appointed to a
 
 6 civil service position without the necessity of examination;
 
 7 provided that the officer or employee possesses the minimum
 
 8 qualifications for the position to which transferred or
 
 9 appointed; and provided that subsequent changes in status may be
 
10 made pursuant to applicable civil service and compensation laws.
 
11      An officer or employee of the State who does not have tenure
 
12 and who may be transferred or appointed to a civil service
 
13 position as a consequence of this Act shall become a civil
 
14 service employee without any loss of salary, seniority, prior
 
15 service credit, vacation, sick leave, or other employee benefits
 
16 or privileges and without the necessity of examination; provided
 
17 that the officer or employee possesses the minimum qualifications
 
18 for the position to which transferred or appointed.
 
19      In the event that an office or position held by an officer
 
20 or employee having tenure is abolished, the officer or employee
 
21 shall not thereby be separated from public employment, but shall
 
22 remain in the employment of the State with the same pay and
 
23 classification and shall be transferred to some other office or
 

 
a                                                               
Page 3                                                     1274
                                     S.B. NO.           H.D. 1
                                                        C.D. 1
                                                        

 
 1 position for which the officer or employee is eligible under the
 
 2 personnel laws of the State as determined by the head of the
 
 3 department or the governor.
 
 4      SECTION 3.  All appropriations, records, equipment,
 
 5 machines, files, supplies, contracts, books, papers, documents,
 
 6 maps, and other personal property heretofore made, used,
 
 7 acquired, or held by the department of public safety relating to
 
 8 the functions transferred to the department of education by this
 
 9 Act shall be transferred with the functions to which they relate.
 
10                             PART II.
 
11      SECTION 4.  Section 353-16.37, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "[[]�353-16.37[]]  Community partnering.   Regardless of the
 
14 method for funding new prison facilities, the department of
 
15 public safety shall develop and implement a community partnering
 
16 process to be incorporated into the request for proposal;
 
17 [provided further that a] this partnering process shall include a
 
18 community hearing for the purpose of soliciting community input.
 
19 Further, a  community benefit and enhancement package shall be
 
20 developed by the department and the affected community to
 
21 mitigate the negative aspects of building a [prison] correctional
 
22 facility in the community[; provided further that the].  The
 
23 benefit and enhancement package may include[,] but is not limited
 
24 to[, infrastructure]:
 

 
a                                                               
Page 4                                                     1274
                                     S.B. NO.           H.D. 1
                                                        C.D. 1
                                                        

 
 1      (1)  Infrastructure improvements[, job]:
 
 2      (2)  Job training programs or improvements to schools and
 
 3           health care facilities[, social];
 
 4      (3)  Social programs[,]; and [other]
 
 5      (4)  Other government functions."
 
 6      SECTION 5.  If any provision of this Act, or the application
 
 7 thereof to any person or circumstance is held invalid, the
 
 8 invalidity does not affect other provisions or applications of
 
 9 the Act which can be given effect without the invalid provision
 
10 or application, and to this end the provisions of this Act are
 
11 severable.
 
12      SECTION 6.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 7.  This Act shall take effect upon its approval.
 

 
a