STAND. COM. REP. NO.383
Honolulu, Hawaii
, 2001
RE: H.B. No. 472
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Education, to which was referred H.B. No. 472 entitled:
"A BILL FOR AN ACT RELATING TO PUBLIC SCHOOLS,"
begs leave to report as follows:
The purpose of this bill is to establish a public-private partnership to engage all community stakeholders in the task of eliminating the $640,000,000 repair and maintenance backlog for Hawaii's public schools by:
(1) Establishing a public-private partnership to coordinate, encourage and assist community efforts to repair and maintain the public schools through Hawaii 3R's, a project of America's Promise Hawaii, a non-profit organization;
(2) Providing a tax incentive to donors of cash or in-kind services;
(3) Providing for a state appropriation to be matched by federal and private contributions;
(4) Providing for an alternative procurement method for expenditure of funds;
(5) Establishing a preference in bidding for state contracts for private contractors who participate in the public-private partnership; and
(6) Appropriating an amount for the salary of a state person within the Department of Accounting and General Services to coordinate repair and maintenance projects of the public-private partnership.
Testimony was received from numerous parents, students, principals, teachers, community volunteers, businesses, labor unions, U.S. Senator Daniel K. Inouye, the Departments of Education, Accounting and General Services, Taxation, and Budget and Finance, and the State Procurement Office.
Your Committee discussed and considered questions relating to liability. Your Committee finds that under chapter 90, Hawaii Revised Statutes, the State is responsible for claims for injury or property damage but pays only after other private coverage is exhausted, including, in this case, the volunteer insurance maintained by America's Promise Hawaii and the volunteer's own medical insurance. Additional precautions are taken to ensure good risk management, including proper supervision and appropriate duty assignments. Volunteers are also asked to sign a waiver of liability. The more difficult or hazardous work will be undertaken by paid contractors.
Accordingly, your Committee has amended this bill by:
(1) Establishing the pilot program for the public-private partnership in the Department of Accounting and General Services, rather than the Department of Education. Your Committee finds the technical expertise and reporting functions are more appropriate to supervision by the Department of Accounting and General Services. In addition the bill authorizes a position for a coordinator within the Department of Accounting and General Services;
(2) Deleting the requirement that the small purchase method of procurement be applied to purchases by the program. Testimony from the State Procurement Office indicates this provision is neither necessary nor applicable because the purchasing entity is not a state agency;
(3) Deleting the provision providing for a bidding preference for contractors. Rather than instituting a preference mandated by statute, your Committee finds that participation in the program by contractors will be given due consideration in the Performance Information Procurement System, as one of many other performance-based factors;
(4) Narrowing the tax credit to contributions of in-kind services provided by contractors, architects, surveyors, and engineers licensed under chapters 444 and 464, Hawaii Revised Statutes. Your Committee finds that donors of cash and in-kind goods may already qualify for a tax deduction available under existing law. However, in-kind services cannot be similarly deducted, yet these services are critical to the efficient and cost-effective implementation of the program. The tax credit is limited to ten percent of the value of the services, up to a maximum of $40,000 per year. Your Committee notes that this recommended amendment continues to be reviewed by the Department of Taxation and may require further consideration.
(5) Adding a category for matching funds that recognizes the value of services and labor contributed by volunteers skilled in trades, crafts, accounting, etc. This "sweat equity" component is pivotal to the success of the program, which seeks to encourage "ownership" of the public schools by every person in the community;
(6) Deleting the provision that grant applications be considered only twice a year. Your Committee finds that more flexibility should be allowed on this matter;
(7) Requesting an appropriation of $1 for fiscal year 2001-2002 for the school repair and maintenance trust fund, to be matched by federal and private contributions. It is the intent of your Committee that this appropriation will not displace funds appropriated to the Department of Accounting and General Services for routine, day-to-day maintenance and emergency repairs of public schools. Unless the appropriation is in addition to the Department's current budget request, no real progress will be made to reduce the estimated $640,000,000 backlog of repair and maintenance;
(8) Requesting an appropriation in the amount of $1 for a staff coordinator within the Department of Accounting and General Services. The position is equivalent to an Engineer V, SR-26; and
(9) Making other technical, nonsubstantive changes.
As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 472, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 472, H.D. 1, and be referred to the Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Education,
____________________________ KEN ITO, Chair |
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