REPORT TITLE:
Agriculture; CTAHR


DESCRIPTION:
Transfers all functions, officers and employees, records, and
equipment of the applied programs at the college of tropical
agriculture and human resources from the University of Hawaii at
Manoa to the University of Hawaii at Hilo.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1395        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE UNIVERSITY OF HAWAII.



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

 1      SECTION 1.  In 1998, the University of Hawaii board of
 
 2 regents expanded the mission of the University of Hawaii at Hilo
 
 3 (UH-Hilo) college of agriculture by redesignating the college as
 
 4 the college of agriculture, forestry, and natural resource
 
 5 management.  The legislature believes that a transfer of the
 
 6 statewide agriculture extension service network to UH-Hilo will
 
 7 expand opportunities for a statewide role for UH-Hilo and better
 
 8 meet neighbor island extension needs with an expanded vision to
 
 9 include environmental resource management, sustainable community
 
10 development, and distance education.
 
11      The purpose of this Act is to transfer the applied programs
 
12 in agriculture and human resources at the University of Hawaii at
 
13 Manoa (UH-Manoa) college of tropical agriculture and human
 
14 resources to UH-Hilo for incorporation with UH-Hilo's college of
 
15 agriculture, forestry, and natural resource management and
 
16 college of arts and sciences.
 
17      SECTION 2.  All rights, powers, functions, and duties of the
 
18 applied programs at the college of tropical agriculture and human
 
19 resources are transferred from the University of Hawaii at Manoa
 
20 to the University of Hawaii at Hilo.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      All officers and employees whose functions are transferred
 
 2 by this Act shall be transferred with their functions and shall
 
 3 continue to perform their regular duties upon their transfer,
 
 4 subject to the state personnel laws and this Act.
 
 5      No officer or employee of the State having tenure shall
 
 6 suffer any loss of salary, seniority, prior service credit,
 
 7 vacation, sick leave, or other employee benefit or privilege as a
 
 8 consequence of this Act, and such officer or employee may be
 
 9 transferred or appointed to a civil service position without the
 
10 necessity of examination; provided that the officer or employee
 
11 possesses the minimum qualifications for the position to which
 
12 transferred or appointed; and provided that subsequent changes in
 
13 status may be made pursuant to applicable civil service and
 
14 compensation laws.
 
15      An officer or employee of the State who does not have tenure
 
16 and who may be transferred or appointed to a civil service
 
17 position as a consequence of this Act shall become a civil
 
18 service employee without the loss of salary, seniority, prior
 
19 service credit, vacation, sick leave, or other employee benefits
 
20 or privileges and without the necessity of examination; provided
 
21 that such officer or employee possesses the minimum
 
22 qualifications for the position to which transferred or
 
23 appointed.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      If an office or position held by an officer or employee
 
 2 having tenure is abolished, the officer or employee shall not
 
 3 thereby be separated from public employment, but shall remain in
 
 4 the employment of the State with the same pay and classification
 
 5 and shall be transferred to some other office or position for
 
 6 which the officer or employee is eligible under the personnel
 
 7 laws of the State as determined by the head of the department of
 
 8 the governor.
 
 9      SECTION 3.  All appropriations, records, equipment,
 
10 machines, files, supplies, contracts, books, papers, documents,
 
11 maps, and other personal property heretofore made, used,
 
12 acquired, or held by the University of Hawaii at Manoa relating
 
13 to the functions transferred to the University of Hawaii at Hilo
 
14 shall be transferred with the function to which they relate.
 
15      SECTION 4.  All deeds, leases, contracts, loans, agreements,
 
16 permits, or other documents executed or entered into by or on
 
17 behalf of the University of Hawaii at Manoa pursuant to the
 
18 provisions of the Hawaii Revised Statutes, which are reenacted or
 
19 made applicable to the University of Hawaii at Hilo by this Act,
 
20 shall remain in full force and effect.  Effective July 1, 2000,
 
21 every reference to the University of Hawaii at Manoa or the
 
22 chancellor of the University of Hawaii at Manoa therein shall be
 
23 construed as a reference to the University of Hawaii at Hilo or
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 the chancellor of the University of Hawaii at Hilo.
 
 2      SECTION 5.  It is the intent of this Act not to jeopardize
 
 3 the receipt of any federal aid nor to impair the obligation of
 
 4 the State or any agency thereof to the holders of any bond issued
 
 5 by the State or by any such agency, and to the extent, and only
 
 6 to the extent, necessary to effectuate this intent, the governor
 
 7 may modify the strict provisions of this Act, but shall promptly
 
 8 report any such modification with reasons therefor to the
 
 9 legislature at its next session thereafter for review by the
 
10 legislature.
 
11      SECTION 6.  No later than ten days following the effective
 
12 date of this Act, the college of tropical agriculture and human
 
13 resources, through the University of Hawaii, shall begin
 
14 developing a five-year plan to effectuate the transfer of the
 
15 college from the University of Hawaii at Manoa to the University
 
16 of Hawaii at Hilo.  The plan shall outline the transfer of items
 
17 pursuant to this Act.  The actual transfer shall be completed by
 
18 July 1, 2005.  The University of Hawaii shall submit the plan to
 
19 the legislature no fewer than twenty days before the convening of
 
20 the regular session of 2000.
 
21      SECTION 7.  There is appropriated out of the general
 
22 revenues of the State of Hawaii the sum of $400,000 or so much
 
23 thereof as may be necessary for fiscal year 1999-2000 for
 

 
Page 5                                         1395        
                                     H.B. NO.           
                                                        
                                                        

 
 1 expenses associated with the operations transfer.
 
 2      SECTION 8.  The sum appropriated shall be expended by the
 
 3 University of Hawaii for the purposes of this Act.
 
 4      SECTION 9.  This Act shall take effect on July 1, 1999.
 
 5 
 
 6                           INTRODUCED BY:  _______________________