Report Title:

DOE; School Health Aides; Transfer

Description:

Repeals the transfer of school health aides and public health nurses who supervise school health aides from the department of health to the department of education.

THE SENATE	S.B. NO.	1783
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to education.

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

     SECTION 1.  Act 51, Session Laws of Hawaii 2004, is amended by amending section 42 to read as follows:

     "SECTION 42.  (a)  The department of education shall convene an interagency working group to develop comprehensive plans for transferring certain rights, powers, functions, duties, and resources, including positions, from the departments of accounting and general services, budget and finance, [health,] human resources development, the attorney general, and human services to the department of education.  Rights, powers, functions, duties, and resources including positions to be transferred shall include but not be limited to:

     (1)  The expending of capital improvement funds for construction of new school facilities and resources, for repairs and maintenance services;

     (2)  The funding of collective bargaining agreement increases;

     (3)  The securing, administering, use, and expending of federal funds and other aid, including their custodial supervision;

     (4)  The capital improvement project allotment process;

     (5)  The determination of retirement and other employee benefits;

     (6)  The operation of a human resources system including the recruitment, certification, examination, management, classification, and compensation of department of education employees and labor relations;

     (7)  Negotiating workers' compensation claims and labor-management relations within the department of education; and

     (8)  Conducting employment background checks for the after-school plus program, private vendors, and other employees and trainees who work with public school students[; and

(9) School health aides].

     (b)  The comprehensive plans shall identify:

     (1)  Each position to be transferred by position number; and

     (2)  All moneys budgeted in support of each position to be transferred, including moneys for direct and indirect employee benefits,

at the lowest level on the state program structure.

     (c)  The working group shall include the following individuals or their designees:

     (1)  The superintendent of education;

     (2)  The comptroller;

     (3)  The director of human resources development;

     (4)  The director of human services;

    [(5) The director of health;

(6)] (5)  The director of finance;

    [(7)] (6)  The attorney general;

    [(8)] (7)  The exclusive bargaining agents of affected employees; and

    [(9)] (8)  Any community members that may be appointed by the superintendent.

     (d)  The department of education may recommend to the legislature deletion or addition of rights, powers, functions, duties, and resources, including positions, that are to be transferred as a result of the working group's deliberations which shall be included and reflected in the required plans and legislation.  The working group shall submit its comprehensive plans, including proposed legislation, to implement the transfer of rights, powers, functions, duties, and resources, including positions relating to the:

     (1)  Department of accounting and general services and department of human resources development not less than thirty days prior to the convening of the regular session of 2005; and

     (2)  Department of budget and finance, department of the attorney general, [department of health,] and department of human services not less than thirty days prior to the convening of the regular session of 2006."

     SECTION 2.  Act 51, Session Laws of Hawaii 2004, as amended by section 2, Act 225, Session Laws of Hawaii 2006, is amended by amending sections 47 and 48 to read as follows:

     "SECTION 47.  (a)  All the rights, powers, functions, duties, and resources of[:

(1) The] the department of budget and finance relating to the:

     [(A)] (1) Funding of collective bargaining agreement increases; and

     [(B)] (2) Securing, administering, use, and expending of federal funds and other aid, including their custodial supervision; [and

(2) The department of health relating to school health aides and public health nurses who supervise school health aides;]

are transferred to the department of education effective July 1, 2007, subject to repeal by subsequent legislation.

     (b)  All moneys budgeted in support of each position to be transferred to the department of education, including moneys for direct and indirect employee benefits, are transferred to the department of education effective July 1, 2007, subject to repeal by subsequent legislation.

     SECTION 48.  All resources, appropriations, records, equipment, databases, software, programming, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of accounting and general services[,] and the department of budget and finance[, and the department of health] relating to the functions transferred to the department of education shall be transferred with the functions to which they relate."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2007.

INTRODUCED BY:

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