REPORT TITLE:
University of Hawaii


DESCRIPTION:
Transfers the administrative headquarters of the college of
tropical agriculture and human resources from UHM to UHH; to be
completed by July 1, 2005.  Appropriates $4 million for the
planning and design of the operations transfer described in this
Act.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1442
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.  Last year the University of Hawaii board of
 
 2 regents expanded the mission of University of Hawaii Hilo college
 
 3 of agriculture by redesignating it as the college of agriculture,
 
 4 forestry, and natural resource management.  The legislature finds
 
 5 that the transfer of the statewide agriculture extension service
 
 6 network and the applied programs in agriculture and human
 
 7 resources at the University of Hawaii Manoa college of tropical
 
 8 agriculture and human resources will expand opportunities for a
 
 9 statewide role of the University of Hawaii Hilo and better meet
 
10 neighbor island extension needs with an expanded vision to
 
11 include environmental resource management, sustainable community
 
12 development, and distance education.
 
13      The purpose of this Act is to allow for the transfer of the
 
14 applied programs in agriculture and human resources at the
 
15 University of Hawaii Manoa to the University of Hawaii Hilo.
 
16      SECTION 2.  Effective July 1, 2000, the administrative
 
17 headquarters of the college of tropical agriculture and human
 
18 resources shall be established at the University of Hawaii Hilo.
 
19 The applied programs in agriculture and human resources at the
 

 
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 1 University of Hawaii Manoa college of tropical agriculture and
 
 2 human resources shall be transferred to University of Hawaii Hilo
 
 3 for incorporation into the college of agriculture, forestry, and
 
 4 natural resource management and the University of Hawaii Hilo
 
 5 college of arts and sciences.  This relocation shall be conducted
 
 6 in phases over five years in such a way as to minimize any
 
 7 unwelcome transfers of personnel between islands.
 
 8      SECTION 3.  Commencing July 1, 2000, all rights, powers,
 
 9 functions, and duties of the applied programs at the University
 
10 of Hawaii Manoa college of tropical agriculture and human
 
11 resources shall be transferred to the University of Hawaii Hilo
 
12 in accordance with the schedule submitted to the legislature
 
13 pursuant to Section 6 of this Act.
 
14      All officers and employees whose functions are transferred
 
15 by this Act shall be transferred with their functions and shall
 
16 continue to perform their regular duties upon their transfer,
 
17 subject to the state personnel laws and this Act.
 
18      No officer or employee of the State having tenure shall
 
19 suffer any loss of salary, seniority, prior service credit,
 
20 vacation, sick leave, or other employee benefit or privilege as a
 
21 consequence of this Act, and such officer or employee may be
 
22 transferred or appointed to a civil service position without the
 
23 necessity of examination; provided that the officer or employee
 

 
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                                     S.B. NO.           1442
                                                        
                                                        

 
 1 possesses the minimum qualifications for the position to which
 
 2 transferred or appointed; and provided that subsequent changes in
 
 3 status may be made pursuant to applicable civil service and
 
 4 compensation laws.
 
 5      An officer or employee of the State who does not have tenure
 
 6 and who may be transferred or appointed to a civil service
 
 7 position as a consequence of this Act shall become a civil
 
 8 service employee without the loss of salary, seniority, prior
 
 9 service credit, vacation, sick leave, or other employee benefits
 
10 or privileges and without the necessity of examination; provided
 
11 that such officer or employee possesses the minimum
 
12 qualifications for the position to which transferred or
 
13 appointed.
 
14      In the event that an office or position held by an officer
 
15 or employee having tenure is abolished, the officer or employee
 
16 shall not thereby be separated from public employment, but shall
 
17 remain in the employment of the State with the same pay and
 
18 classification and shall be transferred to some other office or
 
19 position for which the officer or employee is eligible under the
 
20 personnel laws of the State as determined by the head of the
 
21 department or the governor.
 
22      SECTION 4.  All appropriations, records, equipment,
 
23 machines, files, supplies, contracts, books, papers, documents,
 

 
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                                     S.B. NO.           1442
                                                        
                                                        

 
 1 maps, and other personal property heretofore made, used,
 
 2 acquired, or held by the University of Hawaii Manoa relating to
 
 3 the functions transferred to the University of Hawaii Hilo shall
 
 4 be transferred with the functions to which they relate.
 
 5      SECTION 5.  All deeds, leases, contracts, loans, agreements,
 
 6 permits, or other documents executed or entered into by or on
 
 7 behalf of the University of Hawaii Manoa pursuant to the
 
 8 provisions of the Hawaii Revised Statues, which are made
 
 9 applicable to the University of Hawaii Hilo by this Act, shall
 
10 remain in full force and effect.
 
11      SECTION 6.  No less than ten days following the effective
 
12 date of this Act, the University of Hawaii, shall develop a five-
 
13 year plan to effectuate the transfer of the college from the
 
14 University of Hawaii Manoa to the University of Hawaii Hilo.  The
 
15 plan shall consist of:
 
16      (1)  A timetable indicating specific dates for the transfer
 
17           of each applied program so that the transfer of all
 
18           programs is completed by July 1, 2005; and
 
19      (2)  Recommendations for statutory amendments and other
 
20           legislative actions necessary to effectuate the
 
21           transfers.
 
22 The University of Hawaii shall submit the plan to the legislature
 
23 no less than twenty days before the convening of the regular
 

 
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                                     S.B. NO.           1442
                                                        
                                                        

 
 1 session of 2000.
 
 2      SECTION 7.  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 8.  There is appropriated out of the general
 
12 revenues of the State of Hawaii the sum of $4,000,000, or so much
 
13 thereof as may be necessary for fiscal year 1999-2000, for the
 
14 planning and design of the operations transfer described in this
 
15 Act.
 
16      SECTION 9.  The sum appropriated shall be expended by the
 
17 University of Hawaii for the purposes of this Act.               
 
18      SECTION 10.  This Act shall take effect upon its approval;
 
19 provided that sections 7 and 8 of this Act shall take effect on
 
20 July 1, 1999.
 
21 
 
22                              INTRODUCED BY:______________________