Report Title:

DOE; Transfer of Functions, Positions, Records and Equipment from Other State Agencies

Description:

Reduces bureaucracy from outside the department of education by transferring to it many of those functions, positions, records, and equipment from other state agencies that were previously dedicated to serving department of education needs.

HOUSE OF REPRESENTATIVES

H.B. NO.

2643

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to education.

 

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

SECTION 1. The legislature finds that too many departments have been restricting the efficiency of the State's public educational system. The services provided to the department of education from the department of accounting and general services, department of budget and finance, department of human resources development, department of the attorney general, and department of human services need to be scrutinized to reduce bureaucracy and improve the responsiveness and service delivery of the department of education. The legislature further finds that the department of education needs to create effective and responsive fiscal and personnel systems that ensure resources are spent effectively to improve the academic achievement, health and well-being, and civic responsibility of all students.

The purpose of this Act is to reduce bureaucracy from outside the department of education by transferring to it many of those functions, positions, records, and equipment from other state agencies that were previously dedicated to serving the department of education.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A-   Department of education; powers transferred. Effective July 1, 2004, all rights, powers, functions, and duties of the:

(1) Department of accounting and general services are transferred to the department of education, provided that such a transfer is restricted to those rights, powers, functions, and duties which will enable the department of education to control, as they relate to public schools the use of repair and maintenance funds, capital improvement projects, vendor payments; and procurement and distribution.

(2) Department of budget and finance are transferred to the department of education, provided that such a transfer is restricted to those rights, powers, functions, and duties which will enable the department of education to control their:

(A) Program and financial plans, budgets, allocations, restrictions, transfers, and carryovers;

(B) Funding of collective bargaining agreements; and

(C) Expenditure of federal funds;

(3) Department of human resources development are transferred to the department of education, provided that such a transfer is restricted to those rights, powers, functions, and duties which will enable the department of education to:

(A) Create a centralized human resources system that will encompass all classes of work in the department of education, integrating payroll, records, transactions, leaves, and reports; and

(B) Control recruitment, management, classification, compensation and labor relations;

(4) Department of the attorney general are transferred to the department of education, provided that such a transfer is restricted to those rights, powers, functions, and duties which will enable the department of education to control their actions related to:

(A) Workers' compensation claims; and

(B) Labor relations of department of education employees; and

(5) Department of human services are transferred to the department of education, provided that such a transfer is restricted to those rights, powers, functions, and duties which will enable the department of education to control, as they relate to department of education schools:

(A) Employee benefits; and

(B) Employment background checks."

SECTION 3. Section 37-67, Hawaii Revised Statutes, is amended to read as follows:

"[[]§37-67[]] Responsibilities of the department of budget and finance. The director of finance shall assist the governor in the preparation, explanation and administration of the state long-range plans, the proposed six-year program and financial plan and the state budget. To this end, subject to this part, the director shall:

(1) With the approval of the governor, develop procedures and prescribe rules and regulations to guide such state agencies as may be assigned by the director the task of formulating and preparing the initial proposals with respect to long-range plans, program and financial plans, program budget requests and program performance reports and to assure the availability of information needed for effective policy decision-making.

(2) Assist such state agencies in the formulation of program objectives, preparation of program plans and program budget requests, and reporting of program performance.

(3) Coordinate, analyze and revise as necessary the program objectives, long-range plans, program and financial plans, program budget requests and program performance reports initially proposed or prepared by such state agencies and develop the state comprehensive program and financial plan, budget and program performance report.

(4) Administer its responsibilities under the program execution provisions of this part so that the policy decisions and budget determinations of the governor and the legislature are implemented to the fullest extent possible within the concepts of proper management.

(5) Investigate continuously the administration of the various agencies for the purpose of advising the governor and recommending to the governor, the legislature and the committees of the legislature concerning the duties of the various positions in these agencies, the methods of the agency, the standards of efficiency therein, and changes which in the director's judgment will produce greater effectiveness of programs and economy in the conduct of government programs and assist in the preparation of program and financial plans, budget requests and program performance reports.

(6) Provide the legislature and any member or committee of either house of the legislature with such documents and information as may be requested concerning the programs, budget, and fiscal and management operations of the State[.];

provided that this section shall not apply to the board of education and department of education."

SECTION 4. Section 37-41.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department of education may retain up to [five]            per cent of any appropriation, except for appropriations to fund financing agreements entered into in accordance with chapter 37D, for the school-based budgeting program EDN 100 and for the comprehensive school support services program EDN 150 at the close of a fiscal year and the funds retained shall not lapse until June 30 of the first fiscal year of the next fiscal biennium. The department of education shall submit:

(1) A report to the director of finance ninety days after the close of each fiscal year, which shall be prepared in the form prescribed by the director of finance and shall identify the total amount of funds that will carry over to the next fiscal year; and

(2) A copy of this report to the legislature, as well as a report identifying the carryover of funds on a school-by-school basis, at least twenty days prior to the convening of the next regular session of the legislature."

SECTION 5. Section 302A-1301, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1301[]] School system financial accountability. [(a)] Beginning with the 1995-1997 fiscal biennium, the department's administrative expenditures shall not exceed 6.5 per cent of the total department operating budget unless approved by the legislature.

[(b) The department shall not transfer any funds appropriated under the school-based budgeting program EDN 100 of the state budget, except for unforeseeable circumstances that pose a threat to the health and safety of personnel and students, and subject to approval by the governor and notification to the legislature.]"

SECTION 6. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of accounting and general services, department of budget and finance, department of human resources development, department of the attorney general, and department of human services relating to the functions transferred to the department of education shall be transferred with the functions to which they relate.

SECTION 7. All officers and employees whose functions are transferred by this Act 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 Act.

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 Act, 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, whether tenured or not, who may be transferred or appointed to a civil service position as a consequence of this Act 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:

(1) Possesses the minimum qualifications for the position to which transferred or appointed; and

(2) That such a salary preservation or increase shall not last more than two years if the transfer is to a lower position or one of lesser responsibility.

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.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:

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