Report Title:

DOE; Repairs and Maintenance; Hawaii 3R's

Description:

Appropriates funding for Hawaii 3R's, a non-profit organization. (SD1)

THE SENATE

S.B. NO.

2058

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to school repair and maintenance.

 

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

SECTION 1. The legislature finds that the backlog of repair and maintenance projects in public schools continues to be of concern and that all means of addressing the problem should be explored and supported.

The legislature finds that Hawaii 3R's has saved the State money by completing repair and maintenance projects at public schools that ordinarily would be done exclusively with state funds and resources. Hawaii 3R's generates savings for the State by leveraging state grant funds with federal funds, private donations, and volunteerism or "sweat equity" from various community organizations and businesses.

In less than two and a half years, Hawaii 3R's has saved the State over $4,000,000. This figure is determined by taking the estimated cost of the repair and maintenance projects completed in Hawaii 3R's projects ($5,066,000) and subtracting the amount of state grant funds expended ($1,000,000). This means that for every state dollar expended, over five dollars worth of work is completed. It is also noteworthy that Hawaii 3R's has statewide reach, with sixty-three grants awarded to fifty-three schools on the islands of Oahu, Maui, Molokai, Kauai, and Hawaii.

Hawaii 3R's has received approval from the Internal Revenue Service for designation as a qualified nonprofit organization under section 501(c)(3) of the Internal Revenue Code.

In Act 214, Session Laws of Hawaii 2003, the legislature appropriated from the general revenues of the State of Hawaii the sum of $148,688, or so much thereof as might be necessary for fiscal year 2003-2004, as a grant pursuant to chapter 42F, Hawaii Revised Statutes, to Hawaii 3R's. At this time, the funds have yet to be released.

The legislature also finds that the public-private partnership between the State and Hawaii 3R's is effective and essential to the success of the program. Specifically, the legislature finds that the coordinator position within the department of accounting and general services provides Hawaii 3R's with expertise, support, quick response, and access to state resources and information. The coordinator position also adds visibility and positive coverage to the efforts of the State.

The legislature acknowledges that Hawaii 3R's also has built a partnership with the military's Joint Venture Education Forum. This relationship benefits not only military-impacted or dependent schools but all of Hawaii's public schools through increased military partnerships. Through Joint Venture Education Forum (i.e., federal) funding, Hawaii 3R's can provide grants to over one hundred military-impacted, dependent, partnered schools.

The legislature understands that it is necessary to maintain the current level of state funding to reach those estimated one hundred fifty public schools that cannot receive grants through Joint Venture Education Forum funding.

The legislature is encouraged by the level of support that the community has given to Hawaii 3R's and, more importantly, the public schools. Skilled and unskilled volunteer labor from the military, civic clubs, churches, teachers, parents, and students, combined with donations from community restaurants and businesses, have made Hawaii 3R's successful. Also, trade unions and associations have been lending invaluable support. Hawaii 3R's, with the assistance of the department of accounting and general services and the community, has created a truly successful public-private partnership.

Finally, the legislature finds that appropriating public funds to Hawaii 3R's serves the public purpose of expediting the repair and maintenance of Hawaii's public schools.

The purpose of this Act is to appropriate funding to Hawaii 3R's as a grant pursuant to chapter 42F, Hawaii Revised Statutes.

SECTION 2. Section 302A-1502.6, Hawaii Revised Statutes, is amended to read as follows:

"[[]302A-1502.6[]] Providers of construction or project-related professional services for the repair and maintenance of public schools; volunteer status. Pursuant to chapter 90, the department of accounting and general services shall accept as volunteers qualified professional providers of construction or project-related professional services who are under contract with [Helping Hands Hawaii in its] Hawaii 3R's [project]. The department of accounting and general services shall maintain a list of volunteers so accepted, and shall provide the professional providers with appropriate guidance, supervision, and control to reasonably protect members of the public from injury or damage. Once accepted as a volunteer by the department of accounting and general services, the professional provider shall be entitled to protection from liability for volunteers under chapter 90, unless the injury or damage is caused by or is the result of the professional provider's wilful and wanton act or omission."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000, or so much thereof as may be necessary for fiscal year 2004-2005, for Hawaii 3R's. The sum appropriated shall be expended by the department of accounting and general services for the purposes of this section.

SECTION 4. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefore to the legislature at its next session thereafter for review by the legislature.

SECTION 5. Statutory material to be repealed is bracketed and stricken.

SECTION 6. This Act shall take effect on July 1, 2004.