REPORT TITLE:
School Security Attendants


DESCRIPTION:
Requires the department of public safety rather than the
department of education to carry out the initial and ongoing
training of school security attendants after 6/30/00, subject to
the availability of funding.  Appropriates funds for the training
of security attendants for school campuses.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2390
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SCHOOL SECURITY ATTENDANTS.



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

 1      SECTION 1.  The legislature finds that three per cent of
 
 2 students reported carrying a gun to school in the 1997-1998
 
 3 school year, which translates into more than one million
 
 4 students, or one in thirty students in a classroom.  Moreover,
 
 5 forty-five per cent of Hawaii students surveyed reveal that they
 
 6 refrain from using bathrooms due to other students use of the
 
 7 bathrooms for smoking.  There has also been an alarming increase
 
 8 in the abuse of substances, gang related activities, and suicide
 
 9 attempts.  The legislature further finds that various states have
 
10 increased the number of uniformed police permanently stationed at
 
11 schools, yet formal training programs for these officers have not
 
12 been developed or evaluated.  In addition, in the 2000-2001
 
13 school year, Laupahoehoe High and Elementary Schools will not
 
14 have a security guard assigned to those schools due to a decrease
 
15 in enrollment.
 
16      The purpose of this Act is to ensure the safety of pupils,
 
17 staff, and the general public on or near Hawaii's public schools.
 
18 This Act mandates that a school retain at least one security
 
19 attendant despite a drop in enrollment and that various factors
 

 
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 1 determine the need for additional school security personnel.
 
 2 Also, this Act attempts to provide school security attendants
 
 3 with ongoing training that will enable them to deal with the
 
 4 increasingly diverse and dangerous situations possibly
 
 5 encountered.  Finally, this Act provides the necessary funding to
 
 6 accomplish its purpose.
 
 7      SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is
 
 8 amended by adding a new section to part III, subpart B, to be
 
 9 appropriately designated and to read as follows:
 
10      "§302A-     School security attendants; training and
 
11 staffing.  (a)  Subject to the availability of funding, the
 
12 initial and ongoing training of school security attendants shall
 
13 be carried out by the department of public safety after June 30,
 
14 2000.
 
15      (b)  Notwithstanding any other law to the contrary, at least
 
16 one school security attendant shall be retained at each of the
 
17 department of education's school campuses on a full-time basis,
 
18 notwithstanding a decline in enrollment at that school.
 
19 Additional school security personnel shall be added as needed
 
20 based on such factors as school enrollment, the physical size of
 
21 the campus, perceived dangers at that campus to pupils, staff, or
 
22 the general public, and such other factors as may be determined
 
23 by the departments of education and public safety."
 

 
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 1      SECTION 3.  Section 26-14.6, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§26-14.6  Department of public safety.(a)  The department
 
 4 of public safety shall be headed by a single executive to be
 
 5 known as the director of public safety.
 
 6      (b)  The department of public safety shall be responsible
 
 7 for the formulation and implementation of state policies and
 
 8 objectives for correctional, security, law enforcement, and
 
 9 public safety programs and functions, for the administration and
 
10 maintenance of all public or private correctional facilities and
 
11 services, for the service of process, and for the security of
 
12 state buildings.
 
13      (c)  Effective July 1, 1990, the Hawaii paroling authority
 
14 and the crime victim compensation commission are placed within
 
15 the department of public safety for administrative purposes only.
 
16      (d)  Effective July 1, 1990, the functions and authority
 
17 heretofore exercised by:
 
18      (1)  The department of corrections relating to adult
 
19           corrections and the intake service centers;
 
20      (2)  The judiciary relating to the sheriff's office and
 
21           judiciary security personnel; and
 
22      (3)  The department of the attorney general relating to
 
23           state law enforcement officers and narcotics
 

 
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 1           enforcement investigators with the narcotics
 
 2           enforcement division,
 
 3 shall be transferred to the department of public safety.
 
 4      (e)  Effective July 1, 1990, the functions and authority
 
 5 heretofore exercised by the department of health pursuant to
 
 6 chapters 329 and 329C, with the exception of sections 329-2,
 
 7 329-3, and 329-4(3) to (8), shall be transferred to the
 
 8 department of public safety.
 
 9      (f)  Effective July 1, 1990, the functions, authority, and
 
10 obligations, together with the limitations imposed thereon and
 
11 the privileges and immunities conferred thereby, exercised by a
 
12 "sheriff", "sheriffs", a "sheriff's deputy", "sheriff's
 
13 deputies", a "deputy sheriff", "deputy sheriffs", or a "deputy",
 
14 under sections 21-8, 47-18, 88-51, 105-4, 134-11, 134-51,
 
15 183D-11, 187A-14, 201G-55, 201G-74, 231-25, 281-108, 281-111,
 
16 286-52, 286-52.5, 321-1, 322-6, 325-9, 325-80, 353-11, 383-71,
 
17 438-5, 445-37, 482E-4, 485-6, 501-42, 501-171, 501-218, 521-78,
 
18 578-4, 584-6, 587-33, 603-29, 604-6.2, 606-14, 607-2, 607-4,
 
19 607-8, 633-8, 634-11, 634-12, 634-21, 634-22, 651-33, 651-37,
 
20 651-51, 654-2, 655-2, 657-13, 660-16, 666-11, 666-21, 803-23,
 
21 803-34, 803-35, 804-14, 804-18, 804-41, 805-1, 806-71, and 832-23
 
22 shall be exercised to the same extent by the department of public
 
23 safety.
 

 
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 1      (g)  Effective January 1, 1993, the functions and authority
 
 2 heretofore exercised by the attorney general and the department
 
 3 of the attorney general relating to the executive security
 
 4 officers shall be transferred to the department of public safety.
 
 5      (h)  Effective July 1, 1999, the functions and authority
 
 6 heretofore exercised by the director of public safety and the
 
 7 department of public safety relating to after hours security
 
 8 contracts at department of education facilities, except for the
 
 9 security functions being performed by employees of the public
 
10 library system as well as the contractual security services for
 
11 the libraries, shall be transferred to the department of
 
12 education.
 
13      (i)  Effective January 1, 1993, the functions and authority
 
14 heretofore exercised by the director of health and the department
 
15 of health relating to uniformed security employees and security
 
16 contracts at various state hospitals throughout the State shall
 
17 be transferred to the department of public safety.
 
18      (j)  Effective January 1, 1993, the functions and authority
 
19 heretofore exercised by the director of human services and the
 
20 department of human services relating to contractual security
 
21 guard services shall be transferred to the department of public
 
22 safety.
 
23      (k)  Effective July 1, 1994, the functions and authority
 

 
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 1 heretofore exercised by the adjutant general relating to security
 
 2 for national guard and state civil defense facilities in the
 
 3 Diamond Head complex, for after work hours, shall be transferred
 
 4 to the department of public safety.
 
 5      (l)  Effective July 1, 2000, the functions and authority
 
 6 heretofore exercised by the superintendent of education and the
 
 7 department of education relating to the initial and ongoing
 
 8 training of school security attendants shall be transferred to
 
 9 the department of public safety; provided that the training of
 
10 school security attendants by the department of public safety
 
11 shall be subject to the availability of funding."
 
12      SECTION 4.  The department of human resources development,
 
13 in consultation with the department of education, the department
 
14 of public safety, and the exclusive (collective bargaining)
 
15 representative for school security attendants, shall revise the
 
16 minimum qualification specifications for school security
 
17 attendants to require all school security attendants hired after
 
18 June 30, 2000, to satisfactorily complete the initial training
 
19 courses conducted by the department of public safety before being
 
20 allowed to work as a school security attendant.  The satisfactory
 
21 completion of these initial training courses shall be a condition
 
22 of continued employment for all school security attendants hired
 
23 after June 30, 2000.
 

 
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 1      No school security attendant having tenure by June 30, 1998,
 
 2 shall suffer any loss of salary, seniority, prior service credit,
 
 3 vacation, sick leave, or other employee benefit or privilege as a
 
 4 consequence of this Act, and such school security attendant may
 
 5 be transferred or appointed to a civil service position without
 
 6 the necessity of examination; provided that the school security
 
 7 attendant possesses the minimum qualifications for the position
 
 8 to which transferred or appointed; and provided that subsequent
 
 9 changes in status may be made pursuant to applicable civil
 
10 service and compensation laws.
 
11      A school security attendant who does not have tenure by
 
12 June 30, 2000, and who may be transferred or appointed to a civil
 
13 service position as a consequence of this Act shall become a
 
14 civil service employee without the loss of salary, seniority,
 
15 prior service credit, vacation, sick leave, or other employee
 
16 benefits or privileges and without the necessity of examination;
 
17 provided that the school security attendant possesses the minimum
 
18 qualifications for the position to which transferred or
 
19 appointed.
 
20      SECTION 5.  All rights, powers, functions, and duties of the
 
21 department of education relating to the initial and ongoing
 
22 training of school security attendants are transferred to the
 
23 department of public safety on July 1, 2000.
 

 
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 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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 1      In the event that an office or position held by an officer
 
 2 or employee having tenure is abolished, the officer or employee
 
 3 shall not thereby be separated from public employment, but shall
 
 4 remain in the employment of the State with the same pay and
 
 5 classification and shall be transferred to some other office or
 
 6 position for which the officer or employee is eligible under the
 
 7 personnel laws of the State as determined by the head of the
 
 8 department or the governor.
 
 9      SECTION 6.  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 department of education relating to the
 
13 functions transferred to the department of public safety shall be
 
14 July 1, 2000.
 
15      SECTION 7.  There is appropriated out of the general
 
16 revenues of the State of Hawaii the sum of $       , or so much
 
17 thereof as may be necessary for fiscal year 2000-2001, and the
 
18 same sum, or so much thereof as may be necessary for fiscal year
 
19 2001-2002, to train security attendants for the department of
 
20 education's school campuses.
 
21      SECTION 8.  The sums appropriated shall be expended by the
 
22 department of public safety for the purposes of this Act.
 
23      SECTION 9.  New statutory material is underscored.
 

 
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 1      SECTION 10.  This Act shall take effect on July 1, 2000.
 
 2 
 
 3                              INTRODUCED BY:______________________