Bill Text: HI HB2552 | 2010 | Regular Session | Introduced

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Bill Title: Education; Governance

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-27 - (H) Referred to EDN, JUD, FIN, referral sheet 7 [HB2552 Detail]

Download: Hawaii-2010-HB2552-Introduced.html

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HO2552USE OF REPRESENTATIVES	H.B.  NO.
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO EDUCATION GOVERNANCE.

 

 

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

 

     SECTION 1.  The governance structure of Hawaii's public education system is unique compared to other states across the nation.  Hawaii is the only state in the union with a single statewide school district.  The department of education is managed by a superintendent, serving as its chief executive, who is appointed and overseen by a thirteen-member publicly elected board of education.  The board theoretically sets statewide education policy to the extent allowed by law.  The Hawaii state legislature controls the budgetary appropriations made to the department each year and establishes educational policy and procedures through the adoption of laws.  The governor, who serves as the chief executive of the State, has the authority to release or withhold funds appropriated by the legislature to the department of education, but has no other direct powers over the department of education.  This system results in a diffusion of control, a diffusion of accountability, and the inability of the public to hold one person accountable for the success or failure of public education in Hawaii.

     It is critical that steps be taken to improve the performance of Hawaii's schools.  Every year since 1992, Hawaii's fourth and eighth graders have scored below the national average on math and reading tests developed by the National Assessment of Education Progress, which is also known as the Nation's Report Card.  According to the department of education, sixty-four per cent of schools failed to meet Adequate Yearly Progress standards as measured by the Hawaii State Assessment for the 2008-2009 school year.  Local labor unions report that many department of education graduates have difficulty passing apprentice tests.  Similarly, the University of Hawaii system reports they have had to increase remediation courses for Hawaii public school graduates who want to attend college to bridge the learning gap in students who are unprepared to deal with the rigor of college-level course work.

     The legislature finds that the failure of the State to develop a high-performing public school system is not due to a lack of fiscal investment, nor a lack of commitment to education by the residents of the State.  The high regard with which education is held in Hawaii is evidenced by the nearly $2,000,000,000 dollars in state general funds appropriated to the department of education each year and the diligent work of teachers in classrooms across the state.

     The legislature further finds that the slow progress to improve Hawaii's public education system is due to a lack of clear governance.  The poor outcomes are a result of an educational governance system that lacks accountability.

     Accordingly, the purpose of this bill is to restructure Hawaii's public education system to set forth clear lines of accountability among state entities and officials, in order to create an effective public education system for the children of Hawaii.  This is accomplished by:

     (1)  Repealing the powers and duties of the board of education;

     (2)  Authorizing the governor to appoint the superintendent of education with the advice and consent of the senate;

     (3)  Realigning the department of education within the state administration as a cabinet-level department; and

     (4)  Authorizing the superintendent to appoint three deputy directors to oversee the department's administration, student achievement, and public charter schools.

PART I.

     SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302A-   Deputy directors; appointment.  The superintendent shall appoint, without regard to chapter 76, three deputy superintendents to serve at the superintendent's pleasure.  Unless otherwise assigned by the superintendent, one deputy superintendent shall oversee the administration and operations of the department, one deputy superintendent shall oversee student achievement, and one deputy superintendent shall oversee public charter schools in accordance with chapter 302B."

     SECTION 2.  Section 26-12, Hawaii Revised Statutes, is amended to read as follows:

     "§26-12  Department of education.  (a)  The department of education shall be headed by [an executive board to be known as the board of education.

     Under policies established by the board,] a single executive to be known as the superintendent of education.

     The department of education shall administer programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary school levels, adult education, school library services, health education and instruction (not including dental health treatment transferred to the department of health), and such other programs as may be established by law.

     (c)  The [state librarian, under policies established by the board of education,] department of education, through the state librarian, shall be responsible for the administration of programs relating to public library services and transcribing services for the blind.

     The functions and authority heretofore exercised by the [department of education (except dental health treatment transferred to the department of health),] library of Hawaii, Hawaii county library, Maui county library, and the transcribing services program of the bureau of sight conservation and work with the blind, as heretofore constituted are transferred to the public library system established by this chapter.

     The management contract between the board of supervisors of the county of Kauai and the Kauai public library association shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contract and the provisions of this paragraph shall constitute notice of termination, and the functions and authority heretofore exercised by the Kauai county library as heretofore constituted and the Kauai public library association over the public libraries in the county of Kauai shall thereupon be transferred to the public library system established by this chapter.

     The management contracts between the trustees of the library of Hawaii and the Friends of the Library of Hawaii, and between the library of Hawaii and the Hilo library and reading room association, shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contracts, and the provisions of this paragraph shall constitute notice of termination.

     Upon the termination of the contracts, the State or the counties shall not enter into any library management contracts with any private association; provided that in providing library services the [board] department of education may enter into contracts approved by the governor for the use of lands, buildings, equipment, and facilities owned by any private association.

     Notwithstanding any law to the contrary, the [board of education] superintendent may establish, specify the membership number and quorum requirements for, appoint members to, and disestablish a commission in each county to be known as the library advisory commission, which shall in each case sit in an advisory capacity to the [board of education] superintendent on matters relating to public library services in their respective county.  The members of a library advisory commission shall serve at the pleasure of the superintendent and shall not be subject to section 26-34."

     SECTION 3.  Section 76-11, Hawaii Revised Statutes, is amended by amending the definition of "employer" or "public employer" to read as follows:

     ""Employer" or "public employer" means the governor in the case of the State, the respective mayors in the case of the counties, the chief justice of the supreme court in the case of the judiciary, [the board of education in the case of the department of education,] the board of regents in the case of the University of Hawaii, the Hawaii health systems corporation board in the case of the Hawaii health systems corporation, and any individual who represents one of the employers or acts in their interest in dealing with public employees.  In the case of the judiciary, the administrative director of the courts shall be the employer in lieu of the chief justice for purposes which the chief justice determines would be prudent or necessary to avoid conflict."

     SECTION 4.  Section 89-2, Hawaii Revised Statutes, is amended by amending the definition of "employer" or "public employer" to read as follows:

     ""Employer" or "public employer" means the governor in the case of the State, the respective mayors in the case of the counties, the chief justice of the supreme court in the case of the judiciary, [the board of education in the case of the department of education,] the board of regents in the case of the University of Hawaii, the Hawaii health systems corporation board in the case of the Hawaii health systems corporation, and any individual who represents one of these employers or acts in their interest in dealing with public employees.  In the case of the judiciary, the administrative director of the courts shall be the employer in lieu of the chief justice for purposes which the chief justice determines would be prudent or necessary to avoid conflict."

     SECTION 5.  Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  For the purpose of negotiating a collective bargaining agreement, the public employer of an appropriate bargaining unit shall mean the governor together with the following employers:

     (1)  For bargaining units (1), (2), (3), (4), (5), (6), (9), (10), and (13), the governor shall have six votes and the mayors, the chief justice, and the Hawaii health systems corporation board shall each have one vote if they have employees in the particular bargaining unit;

     (2)  For bargaining units (11) and (12), the governor shall have four votes and the mayors shall each have one vote;

    [(3)  For bargaining units (5) and (6), the governor shall have three votes, the board of education shall have two votes, and the superintendent of education shall have one vote;

          (4)]  (3) For bargaining units (7) and (8), the governor shall have three votes, the board of regents of the University of Hawaii shall have two votes, and the president of the University of Hawaii shall have one vote.

     Any decision to be reached by the applicable employer group shall be on the basis of simple majority, except when a bargaining unit includes county employees from more than one county.  In such case, the simple majority shall include at least one county."

     SECTION 6.  Section 302A-619, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-619  Classification, educational officers.  The [board] department of human resources development shall classify all educational officer positions of the department and shall adopt two separate classification/compensation plans for educational officers.  One classification/compensation plan shall be for principals and vice-principals and shall be based on the general pattern of a school administrator's career development and associated school administrator's qualification requirements.  A separate classification/compensation plan shall be for all other educational officers and shall be reflective of the career development pattern and qualification requirements for the respective professional field of expertise; provided that both classification/compensation plans shall include classification appeals procedures."

     SECTION 7.  Section 302A-621, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-621  Salary; [deputy superintendent, assistant superintendents, complex area superintendents.] department employees.  The salaries of [the deputy superintendent, assistant superintendents, and complex area superintendents] department employees shall be set [by the board; provided that the salaries of the deputy superintendent, assistant superintendents, and the complex area superintendents shall not exceed eighty per cent of the superintendent's salary.] in accordance with any applicable classification law or collective bargaining agreement."

     SECTION 8.  Section 302A-801, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-801  Hawaii teacher standards board established.  (a)  There is established the Hawaii teacher standards board, which shall be placed within the department for administrative purposes only.  The board shall consist of [fifteen] fourteen members, including not less than six licensed teachers regularly engaged in teaching at the time of the appointment, three educational officers employed at the time of the appointment, [the chairperson of the board of education or the chairperson's designee,] the superintendent or the superintendent's designee, a representative of independent schools, the dean of the University of Hawaii college of education or the dean's designee, and two members of the public; provided that the dean's designee shall be chosen from the member institutions of the teacher education coordinating committee established under section 304A-1202.

     (b) Except for the [chairperson of the board of education,] superintendent[,] and dean of the college of education, the governor shall appoint the members of the board pursuant to section 26-34, from a list of qualified nominees submitted to the governor by the departments, agencies, organizations representative of the constituencies of the board, and current members of the board; provided that the two members of the public shall be from lists of qualified nominees submitted to the governor by the Hawaii Business Roundtable, Hawaii P-20 council, and Hawaii workforce development council.  To the extent possible, the board membership shall reflect representation of elementary and secondary school personnel from all islands.

     (c) Appointed board members shall serve not more than three consecutive three-year terms.

     (d) Board members shall receive no compensation.  When board duties require that a board member take leave of the board member's duties as a state employee, the appropriate state department shall allow the board member to be placed on administrative leave with pay and shall provide substitutes, when necessary, to perform that board member's duties.  Board members shall be reimbursed for necessary travel expenses incurred in the conduct of official board business.

     (e) The chairperson of the board shall be designated by the members of the board.

     [(f) The board may employ an executive director for a term of up to four years, who shall be appointed by the board of education without regard to chapters 76 and 89; provided that the board shall submit a nominee to the board of education for approval or disapproval; provided further that if the nominee is disapproved, the board shall submit another nominee to the board of education for approval or disapproval.

     The board may terminate the executive director's contract for cause; provided that the board shall submit the recommendation for termination to the board of education for approval or disapproval.]"

     SECTION 9.  Section 302A-803, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  In addition to establishing standards for the issuance and renewal of licenses and any other powers and duties authorized by law, the board's powers shall also include:

     (1)  Setting and administering its own budget;

     (2)  Adopting, amending, or repealing the rules of the board in accordance with chapter 91;

     (3)  Receiving grants or donations from private  foundations, and state and federal funds;

     (4)  Submitting an annual report to the governor, the legislature, and the [board of education]  superintendent on the board's operations and from the 2007-2008 school year, submitting a summary report every five years of the board's accomplishment of objectives, efforts to improve or maintain teacher quality, and efforts to keep its operations responsive and efficient;

     (5)  Conducting a cyclical review of standards and suggesting revisions for their improvement;

     (6)  Establishing licensing fees in accordance with chapter 91 and determining the manner by which fees are collected and subsequently deposited into the state treasury and credited to the Hawaii teacher standards board special fund;

     (7)  Establishing penalties in accordance with chapter 91;

     (8)  Issuing, renewing, revoking, suspending, and reinstating licenses;

     (9)  Reviewing reports from the department on  individuals hired on an emergency basis;

    (10)  Applying licensing standards on a case-by-case basis and conducting licensing evaluations;

    (11)  Preparing and disseminating teacher licensing information to schools and operational personnel;

    (12)  Approving teacher preparation programs;

    (13)  Administering reciprocity agreements with other states relative to licensing;

    (14)  Conducting research and development on teacher licensure systems, beginning teacher programs, the assessment of teaching skills, and other related topics;

    (15)  Participating in efforts relating to teacher quality issues, professional development related to the board's standards, and promotion of high teacher standards and accomplished teaching;

    (16)  Adopting applicable rules and procedures; and

    (17)  Adopting, amending, repealing, or suspending the policies and standards of the board."

     SECTION 10.  Section 302A-1101, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1101  Department of education; [board of education;] superintendent of education.  (a)  There shall be a principal executive department to be known as the department of education, which shall be headed by [an elected policy-making board to be known as the board of education.  The board shall have power in accordance with law to formulate statewide educational policy, adopt student performance standards and assessment models, monitor school success, and to appoint the superintendent of education as the chief executive officer of the public school system.] a single executive to be known as the superintendent of education, who shall be appointed by the governor pursuant to section 26-31.

     [(b)  The board shall appoint, and may remove, the superintendent by a majority vote of its members.  The superintendent:

          (1) May be appointed without regard to the state residency provisions of section 78-1(b);

          (2) May be appointed for a term of up to four years; and

          (3) May be terminated only for cause.

     (c) The board] (b)  The governor shall invite the senior military commander in Hawaii to appoint a [nonvoting] military representative to [the board, who shall] serve [for a two-year term] without compensation[.  As] as a [the] liaison to the [board, the] department.  The military representative shall advise the [board] department regarding state education policies and departmental actions affecting students who are enrolled in public schools as family members of military personnel.  The military representative shall carry out these duties as part of the representative's official military duties and shall be guided by applicable state and federal statutes, regulations, and policies [and may be removed only for cause by a majority vote of the members of the board].

     [(d)] (c) The [board] governor shall appoint the charter school review panel[, which] pursuant to section 26-34.  The charter school review panel shall serve as [the] a charter authorizer for charter schools, with the power and duty to issue charters, oversee and monitor charter schools, hold charter schools accountable for their performance, and revoke charters."

     SECTION 11.  Section 302A-1111, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1111  Duties of superintendent.  (a)  [Under policies established by the board, the] The superintendent shall be designated as the chief executive officer of the public school system having jurisdiction over the internal organization, operation, and management of the public school system, as provided by law; and shall administer programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary school levels, and such other programs as may be established by law.

     (b) Except as otherwise provided, the superintendent shall sign all drafts for the payment of moneys, all commissions and appointments, all deeds, official acts, or other documents of the department.  The superintendent may use a printed facsimile signature in approving appointments, contracts, and other documents."

     SECTION 12.  Section 302A-1112, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1112  Rules.  Subject to chapter 91, the [board] department may adopt rules for the government of all teachers, educational officers, other personnel, and pupils, and for carrying out the transaction of its business."

     SECTION 13.  Section 302A-1120, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1120  Public library system[; board control].  The [board] department, through the state librarian, shall have direct control of the public library system, but not including school libraries.  The [board] department may adopt rules under chapter 91 for the purpose of this section."

     SECTION 14.  Section 302A-1124, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1124  Mandate to initiate school community councils.  (a)  The department, through the [board and its] superintendent, shall establish a school community council system under which each public school, excluding public charter schools, shall create and maintain a school community council.  Each school community council shall:

     (1)  Review and evaluate the school's academic plan and financial plan, and either recommend revisions of the plans to the principal, or recommend the plans for approval by the complex area superintendent;

     (2)  Ensure that the school's academic and financial plans are consistent with the educational accountability system under section 302A-1004;

     (3)  Participate in principal selection and evaluation, and transmit any such evaluations to the complex area superintendent; and

     (4)  Provide collaborative opportunities for input and consultation.

     (b) School community councils shall be exempt from the requirements of chapters 91 and 92.  The school community councils shall:

     (1)  Make available the notices and agendas of public meetings:

         (A)  At a publicly accessible area in the school's administrative office so as to be available for review during regular business hours; and

         (B)  On the school's internet web site, not less than six calendar days prior to the public meeting, unless a waiver is granted by the superintendent in the case of an emergency; and

     (2)  Make available the minutes from public meetings on a timely basis in:

         (A)  The school's administrative office so as to be available for review during regular business hours; and

         (B)  On the school's internet web site.

     (c)  Complex area superintendents may require revisions to a school's academic and financial plans if the plans are in violation of law or conflict with statewide educational policies and standards, or are otherwise in the best interests of the school.

     (d) The superintendent of education may [recommend to the board of education] facilitate the dissolution of a school community council [and establish] by establishing an interim school community council if the school community council engages in any act or omission that would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct.  The superintendent may [recommend to the board the removal of] remove any member of a school community council[.] for cause.  The superintendent shall appoint or facilitate the creation of an interim school community council at any school that has not established a council or has had its council dissolved.  In appointing or facilitating the creation of an interim school community council at any school that has had its council dissolved, the superintendent may appoint individuals who were previously members of the council.

     (e) Unless otherwise specified, each school community council shall establish policies governing the council's composition, election, staggered terms of office for members, operation, and vacancies; provided that:

     (1)  The number of school personnel [[]on[]] any school community council shall be equal to the number of primary stakeholders on the school community council;

     (2)  At the elementary and middle school levels, each school community council shall be composed of the principal and at least one member representing each of the following groups:

         (A)  Parents elected by ballots distributed among and collected from the parents of the school's  students;

         (B)  Teachers elected by ballots distributed among and collected from teachers of the school;

         (C)  Noncertificated school personnel elected by ballots distributed among and collected from noncertificated personnel of the school;

         (D)  Community representatives elected by ballots distributed among and collected from parents of the school's students; and

         (E)  Student representatives selected by the student council of the school; and

     (3)  At the high school level, each school community council shall be composed of the principal and at least one member representing each of the following groups:

         (A)  Parents elected by ballots distributed among and collected from parents of the school's students;

         (B)  Teachers elected by ballots distributed among and collected from teachers of the school;

         (C)  Noncertificated school personnel elected by ballots distributed among and collected from noncertificated personnel of the school;

         (D)  Community representatives elected by ballots distributed among and collected from the parents of the school's students; and

         (E)  Student representatives selected by the student council of the school.

     For the purposes of this subsection, "primary stakeholders" means students, parents, and community members.

     (f)  School community councils shall elect officers, including:

     (1)  A chairperson;

     (2)  A vice-chairperson;

     (3)  A secretary; and

     (4)  Other officers as needed to perform stated duties in support of the work of the council.

     (g)  The principal shall have the authority to set aside any decision made by the school community council if the principal determines it to be in the best interests of the school; provided that the principal notifies the school community council.  If the school community council opposes a decision of the principal, an appeal shall first be brought to the complex area superintendent for resolution and, if necessary, to the superintendent.  [and, finally, to the board of education.]

     (h)  Complex area superintendents shall assist the school community councils and principals within their respective complex areas in:

     (1)  Obtaining the support and services of the  department; and

     (2)  Ensuring the progress and success of the school's academic and financial plan."

     SECTION 15.  Section 302A-1126, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1126  Waiver of policy, rule, or procedures.  Any state agency that may be required to act under state law on a matter affecting an individual school or its school community, shall waive otherwise applicable policies, rules, or procedures when requested to do so by a school community council unless the agency, within thirty days, can justify a denial to the appropriate authority.  The [board] department shall adopt procedures necessary to process waivers initiated by a school community council.  Any general waiver of policy, rule, or procedures granted by the [board] superintendent to a specific school or schools may be extended by the [board] superintendent to apply to other schools under comparable circumstances.  This section shall apply to collective bargaining agreements as provided for in all relevant collective bargaining agreements negotiated pursuant to chapter 89."

     SECTION 16.  Section 302A-1134, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Any child who, while attending school, is found to be in possession of a firearm, shall be excluded from attending school for not less than one year.  The due process procedures of chapter 19 of the Department of Education, Hawaii Administrative Rules, shall apply to any child who, while attending school, is alleged to be in possession of a firearm.  The superintendent, on a case-by-case basis, may modify the exclusion of a child found to be in possession of a firearm while attending school.  If a child is excluded from attending school, the superintendent shall ensure that substitute educational activities or other appropriate assistance shall be provided.  The superintendent shall submit to the United States Department of Education, the [state board of education,] governor, and the legislature an annual report indicating the number of students excluded, the types of firearms found in their possession, and the schools from which they were excluded."

     SECTION 17.  Section 302A-1303.5, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1303.5  Committee on weights.  (a)  There is established within the department of education the committee on weights to develop a weighted student formula pursuant to section 302A-1303.6.  The committee shall:

     (1)  Create a list of student characteristics that will be weighted;

     (2)  Create a system of weights based upon the student characteristics that may be applied to determine the relative cost of educating any student;

     (3)  Determine specific student weights, including their unit value;

     (4)  Determine which moneys shall be included in the amount of funds to be allocated through the weighted student formula;

     (5)  Recommend a weighted student formula to the [board of education;] department;

     (6)  Perform any other function that may facilitate the implementation of the weighted student formula; and

     (7)  Meet not less than annually to review the weighted student formula and, if the committee deems it necessary, recommend a new weighted student formula for adoption by the [board of education.] department.

     (b)  The composition of the committee on weights shall be determined by the [board of education] governor based on recommendations from the superintendent of education and dean of the University of Hawaii at Manoa college of education and include principals, teachers, and other members with the appropriate professional skills, experiences, and qualifications needed to facilitate the work of the committee.  The superintendent or the superintendent's designee shall chair the committee on weights.

     (c)  The committee on weights may form advisory subcommittees to obtain input from key stakeholders as determined necessary by the committee.

     (d)  The members of the committee on weights shall serve at the pleasure of the [board of education] governor and shall not be subject to section 26-34.  Members of the committee on weights shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties."

     SECTION 18.  Section 302A-1402, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1402  Custodian of federal funds.  The director of finance is designated as custodian of all funds received as the state apportionment under any federal appropriations for public educational purposes and the director shall disburse the funds, pursuant to the requirements, restrictions, and regulations of the federal acts under which the funds may be provided, on vouchers approved by the [board,] superintendent, or by any subordinate thereunto duly authorized by the [board] superintendent."

     SECTION 19.  Section 302A-1607, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1607  Impact fee: construction cost component - determining the cost per unit.  (a)  The construction cost component of the school impact fees shall be calculated using the following factors:

     (1)  For new school construction, the cost per student for each school type (elementary, middle or intermediate, and high school) is based on the ten-year average construction of a new school facility using the Honolulu assessment district in 2006 as the base.  Costs for construction completed earlier than 2006 shall be escalated to 2006 using the engineering news- record construction cost index;

     (2)  For expansion of existing school facilities, the cost per student for each school type (elementary, middle or intermediate, and high school) is based on the ten- year average construction of whatever components are required to expand the school using the Honolulu assessment district in   2006 as the base;

     (3)  The cost per student in other assessment districts shall be the cost per student in the Honolulu assessment district multiplied by the appropriate cost factor in subsection (c).  At least every three years, the department shall update the cost per student based on the construction of a new permanent school facility[, and present the written analysis to the board for review]; and

     (4)  Student generation rates, as defined in section 302A‑1602.

     (b)  The student generation rate for each school type (elementary, middle or intermediate, and high school) shall be multiplied by the cost per student for each school type (elementary, middle or intermediate, and high school) to determine the cost/unit in the development.

     (c)  The State shall be divided into the following twenty-six geographically limited cost districts:

          Cost District      School District       Cost Factor

          Honolulu           Honolulu              1.00

          Ewa                Leeward/Central       1.00

          Wahiawa            Central               1.05

          Waialua            Central               1.10

          Koolaupoko         Windward              1.00

          Koolauloa          Windward              1.00

          Waianae            Leeward               1.10

          Hilo               Hawaii                1.15

          Puna               Hawaii                1.20

          Kona               Hawaii                1.20

          Hamakua            Hawaii                1.20

          South Kohala       Hawaii                1.20

          North Kohala       Hawaii                1.25

          Pohakuloa          Hawaii                1.25

          Kau                Hawaii                1.30

          Wailuku            Maui                  1.15

          Makawao            Maui                  1.25

          Lahaina            Maui                  1.30

          Hana               Maui                  1.35

          Molokai            Molokai               1.30

          Lanai              Lanai                 1.35

          Lihue              Kauai                 1.15

          Koloa              Kauai                 1.20

          Kawaihau           Kauai                 1.20

          Waimea             Kauai                 1.25

          Hanalei            Kauai                 1.25

     (d) At least every three years, and concurrent with any update of the costs per student, the department shall update the revenue credits [and present the written analysis to the board for review].  The calculation of revenue credits shall be reviewed and calculated recognizing that the impact fee shall be set at one hundred per cent of the fair market value of the land and ten per cent of the total school construction cost.

     (e) The construction cost component of the impact fees per dwelling unit shall be ten per cent of the amounts calculated according to the following formula:

     Cost per dwelling unit from [subsection (b)] minus any amount by which the revenue credit per dwelling unit from subsection (d) exceeds ninety per cent of the per unit construction cost.

     (f) The amount of the fee shall be increased from the date it was determined to the date it is paid using the engineering news-record construction cost index, or an equivalent index if that index is discontinued.

     (g) Any new residential development shall be required to obtain a written agreement between the owner or developer of the property and the department, under which the owner or developer has agreed to a time specified for payment, for its school impact fee construction cost component prior to the issuance of the building permit."

     SECTION 20.  Section 302B-3, Hawaii Revised Statutes, is amended to read as follows:

     "§302B-3  [Charter] Public charter school review panel; establishment; powers and duties.  (a)  There is established the public charter school review panel, that shall be placed within the department for administrative purposes only.  [The panel shall be accountable to the charter schools and the board.] Notwithstanding section 302B-9 and any other law to the contrary, the panel shall be subject to chapter 92.

     (b)  The panel shall consist of [twelve] eleven members, and shall include:

     (1)  Two licensed teachers regularly engaged in teaching; provided that one teacher is employed at a start-up public charter school, and one teacher is employed at a public conversion charter school;

     (2)  Two educational officers; provided that one educational officer is employed at a start-up public charter school, and one educational officer is employed at a public conversion charter school;

     (3)  One member or former member of a public charter school local school board;

    [(4)  The chair of the board of education or the chair's designee;

     (5)] (4) A representative of Hawaiian culture-focused public charter schools;

    [(6)] (5) Two representatives of the University of Hawaii who are not affiliated with charter schools;

    [(7)] (6) One member with a background in business or accounting who is not affiliated with public charter schools;

    [(8)] (7) One member with a background in the building trades or real estate who is not affiliated with public charter schools; and

    [(9)] (8) A representative from the Hawaii Association of Independent Schools;

provided that the initial appointments for representatives in paragraphs [(7) to (9)] (6) to (8) shall be made by September 1, 2007.  From June 1, 2007, until such time that the panel has [twelve] eleven members, five members of the panel shall constitute a quorum to conduct business and a concurrence of at least five members shall be necessary to make any action of the panel valid; provided that, upon filling the [twelve] eleven seats as required under this subsection, a majority of the panel shall constitute a quorum to conduct business, and the concurrence of a majority of all the members to which the panel is entitled shall be necessary to make any action of the panel valid.

     (c)  The [board] governor shall appoint the remaining members of the panel [other than the chair of the board].

     (d)  Appointed panel members shall serve not more than three consecutive three-year terms, with each term beginning on July 1; provided that the initial terms of the appointed members that commence after June 30, 2006, shall be staggered as follows:

     (1)  Four members to serve three-year terms;

     (2)  Four members to serve two-year terms; and

     (3)  Three members to serve a one-year term.

     (e)  Notwithstanding the terms of members, the [board] governor may add panel members at any time and replace panel members at any time when their positions become vacant through resignation, through non-participation, upon request of a majority of panel members, or upon termination by the [board] governor for cause.

     (f)  Panel members shall receive no compensation.  When panel duties require that a panel member take leave of the panel member's duties as a state employee, the appropriate state department shall allow the panel member to be placed on administrative leave with pay and shall provide substitutes, when necessary, to perform that panel member's duties.  Panel members shall be reimbursed for necessary travel expenses incurred in the conduct of official panel business.

     (g)  The panel shall establish operating procedures that shall include conflict of interest provisions for any member whose school of employment or local school board membership is before the panel.

     (h)  The chair of the panel shall be designated by the members of the panel for each school year beginning July 1 and whenever there is a vacancy.  If the panel does not designate its chair for the next school year by July 1, the [board] governor shall designate the panel chair.  When the panel chair is vacant, the [board] governor shall designate an interim chair to serve until the panel designates its chair.

     (i)  The powers and duties of the panel shall be to:

    [(1)  Appoint and evaluate the executive director and approve staff and salary levels for the charter school administrative office;

    [(2)] (1)  Review, approve, or deny charter applications for new public charter schools in accordance with section 302B-5 for the issuance of new charters; provided that applicants that are denied a charter may appeal to the [board] superintendent for a final decision pursuant to section 302B-3.5;

    [(3)] (2)  Review, approve, or deny significant amendments to detailed implementation plans to maximize the school's financial and academic success, long-term organizational viability, and accountability.  [Charter] Public charter schools that are denied a significant amendment to their detailed implementation plan may appeal to the [board] superintendent for a final decision pursuant to section 302B-3.5;

    [(4)] (3)  Adopt reporting requirements for public charter schools;

    [(5)] (4)  Review [annual] self-evaluation reports from public charter schools and take appropriate action;

    [(6)] (5)  Evaluate any aspect of a public charter school that the panel may have concerns with and take appropriate action, which may include probation or revocation;

    [(7)] (6)  Periodically adopt improvements in the panel's monitoring and oversight of public charter schools;

    [(8)] (7)  Periodically adopt improvements [in the office's] to support [of] public charter schools and management of the charter school system;

    [(9)  Review, modify, and approve charter schools' all means of finance budget, based upon criteria and an approval process established by the panel; and

     (10) Survey all charter school facilities prior to, and in preparation for, determining recommendations to allocate non-per-pupil facilities funds to charter schools with facilities needs.  The survey shall include, at minimum, for each charter school facility:

         (A)  The current status of the facility;

         (B)  Facilities costs, including all rents, leases, purchases, and repair and maintenance for lands and buildings;

         (C)  A prioritized list of facilities needs;

         (D)  Any capital improvement projects underway or scheduled; and

         (E)  Whether the facility is a conversion or start-up charter school, and current and projected enrollment.]

     (j)  In the case that the panel decides not to issue a new charter, or to approve significant amendments to detailed implementation plans, the [board] superintendent may adopt rules for an appeals process pursuant to section 302B-3.5.

     (k)  The [office shall provide for the staff support and expenses of the] panel shall be administratively attached to the department of education."

     SECTION 21.  Section 302B-8, Hawaii Revised Statutes, is amended to read as follows:

     "§302B-8  Charter school administrative office.  (a)  There is established a charter school administrative office[,] which shall be attached to the department [for administrative purposes only.  The office shall be] and administered by [an executive director, who shall be appointed without regard to chapters 76 and 89 by the panel based upon the recommendations of an organization of charter schools operating within the State or from a list of nominees submitted by the charter schools.  The panel shall hire the executive director, who may be contracted for a term of up to four years; shall offer the executive director a written contract; and may terminate the executive director's contract only for cause.] a deputy superintendent assigned by the superintendent to oversee public charter schools.

     The [executive director, with the approval of the panel,] deputy superintendent of public charter schools may hire necessary staff without regard to chapters 76 and 89 to assist in the administration of the office and public charter schools.

     (b)  The [executive director, under the direction of the panel and] deputy superintendent of public charter schools, in consultation with the authorizers and local school boards of charter schools, shall be responsible for the internal organization, operation, and management of the public charter school system, including:

     (1)  Preparing and executing the budget and the capital improvement projects request for the public charter schools;[, including submission of the all means of finance budget request that reflects all anticipated expenditures to the panel, the board, the governor, and the legislature; provided that, in preparing the budget request with regard to facilities funding, the executive director shall ensure that, as a budget item separate from other operating costs, the request provides:]

        [(A)  Funding for projected enrollment for the next school year for each charter school;]

        [(B)  A calculation showing the per-pupil funding based on the department of budget and finance's debt service appropriation for the department of education divided by the department of education's actual enrollment that school year; and]

        [(C)  That no less than seventy per cent of the amount appropriated shall be allocated by the office to start-up charter schools on a per-pupil basis; provided that the funds remaining shall be allocated to charter schools with facilities needs as recommended by the office and approved by the panel;]

     (2)  Allocating annual appropriations to the public charter schools and distribution of federal funds to public charter schools;

     (3)  Complying with applicable state laws related to the administration of the public charter schools;

     (4)  Preparing contracts between the public charter schools and the department for centralized services to be provided by the department;

     (5)  Preparing contracts between the public charter schoolsand other state agencies for financial or personnel services to be provided by the agencies to the public charter schools;

     (6)  Providing independent analysis and recommendations on public charter school issues;

     (7)  Representing public charter schools and the public charter school system in communications with the [board,] superintendent, the governor, and the legislature;

     (8)  Providing advocacy, assistance, and support for the development, growth, progress, and success of public charter schools and the public charter school system;

     (9)  Providing guidance and assistance to charter applicants and public charter schools to enhance the completeness and accuracy of information for [panel] authorizer review;

    (10)  Assisting charter applicants and public charter schools in coordinating their interactions with the [panel] authorizer as needed;

    (11)  Assisting the [panel] authorizers to coordinate with public charter schools in [panel] investigations and evaluations of public charter schools;

    (12)  Serving as the conduit to disseminate communications from [the panel, the board, and] the department to all public charter schools;

    (13)  Determining public charter school system needs and communicating those needs to authorizers [the panel the board,] and the department;

  [(14)   Establishing a dispute resolution and mediation process;] and

  [(15)]  (14)  Upon request by one or more public charter schools, assisting in the negotiation of a collective bargaining agreement with the exclusive representative of its employees.

     [(c)  The executive director shall be evaluated annually by the panel.  The annual evaluation shall be conducted sufficiently in advance of the end of a term to provide the executive director the opportunity to respond to concerns and improve performance.

     (d)  The salary of the executive director and staff shall be set by the panel based upon the recommendations of charter schools within the State; provided that the salaries and operational expenses of the office shall be paid from the annual charter school appropriation and shall not exceed two per cent of the total general fund allocation at an amount to be determined annually by the panel.

     (e)  The office shall include in its annual budget request additional funds to cover the estimated costs of:

     (1)  Vacation and sick leave accrued by employees transferring to a charter school from another state agency or department;

     (2)  Substitute teachers needed when a teacher is out on vacation or sick leave;

     (3)  Adjustments to enrollments; and

     (4)  Arbitration in the grievance process.

     (f)] (c)  The [office shall] deputy superintendent may withhold funds for charter school enrollments that are inconsistent with approved detailed implementation plans.

     [(g)] (d)  The [office shall] deputy superintendent may withhold funds to repay overpayments or over-allocations received by charter schools when not repaid in a timely manner in accordance with rules adopted by the [board.] superintendent.

     [(h)] (e)  The [office] deputy superintendent may carry over funds from previous year allocations.  Funds distributed to charter schools shall be considered expended."

     SECTION 22.  Section 312-1, Hawaii Revised Statutes, is amended to read as follows:

     "§312-1  Duties of the [board] department of education.  The [board] department of education shall care for, manage, and control all property set apart, donated, loaned to, or in any manner acquired for the use of libraries; receive, care for, expend, and account for any money which may be received for the purpose of erecting buildings for libraries or for any other purposes of the libraries; collect, purchase, receive gifts of, and otherwise acquire all books and other publications proper for libraries, and arrange, classify, and catalogue the same; provide for their safekeeping; expend moneys appropriated by the legislature and otherwise acquired for the development, use, support, and maintenance of libraries; provide ways and means for placing libraries within reach of all residents throughout the State and particularly of all public and private school children; provide and maintain branch libraries, offices, or places for the distribution of books and periodicals throughout the State; make such contracts as may be necessary to carry into effect the general duties herein imposed; appoint such officers and employees as it deems necessary; and make rules for the management and use of libraries, and for the control of the property under its management."

     SECTION 23.  Section 312-2, Hawaii Revised Statutes, is amended to read as follows:

     "§312-2  Powers of [board;] department; special fund.  The [board] department of education may:

     (1)  Except as provided in section 312-3.9, make  arrangements or contracts as are approved by the governor, with any county, city, association, society, person, or persons, for the purpose of benefiting the libraries and increasing their facilities and use;

     (2)  Subject to section 26-12, enter into such arrangement or contract as is approved by the governor, with the Friends of the Library of Hawaii, for the purpose of obtaining the use of the books and property and income of the Friends of the Library of Hawaii;

     (3)  Cooperate by exchange and otherwise with libraries now existing or hereafter to be formed;

     (4)  Receive, use, manage, or invest moneys or other property, real, personal, or mixed which may be given, bequeathed, devised, or in any manner received from sources other than the legislature or any federal appropriation for any or all purposes of the libraries;

     (5)  Deposit with the director of finance in a special fund all moneys donated [to the board] for library services;

     (6)  Unless otherwise provided for by the terms and conditions of the donation, convert, at such time as the [board] department may at its sole discretion determine, any or all donations of property, real, personal, or mixed, into money to be deposited into the special fund; and

     (7)  Expend the moneys in the special fund in accordance with the terms and conditions of each donation for the purposes of the libraries.

     The [board] department shall be the trustee of the special fund and all moneys therein shall be deemed to have been appropriated to the use and for the purposes of the [board] department in providing library services.  Nothing in this section shall be construed to limit the powers and duties of the [board] department hereinbefore expressed, or to empower the [board] department to obligate the State financially in any sum which shall not have been appropriated by the legislature for the use of the [board.] department."

     SECTION 24.  Section 312-2.1, Hawaii Revised Statutes, is amended to read:

     "§312-2.1  Appointment of state librarian; duties; salary.  (a)  The state librarian shall be appointed by the [board] superintendent of education[, without regard to chapter 76,] pursuant to section 302A-  , shall be under the direction of the [board,] superintendent, shall be responsible for the operation, planning, programming, and budgeting of all community/school and public libraries within the State, and may be removed by [a majority vote of its members.] the superintendent.  The state librarian may be appointed:

     (1)  Without regard to the state residency provisions of section 78-1(b); and

     (2)  For a term of up to four years.

     (b)  The salary of the state librarian shall be set by the [board of education] superintendent at a rate no greater than $120,000 a year."

     SECTION 25.  Section 312-21, Hawaii Revised Statutes, is amended by amending subsection (c) to read:

     "(c)  The state librarian, with the approval of the [board of education,] superintendent, shall determine the types and kinds of enhanced services to be included under the fee for enhanced services program; provided that a schedule of fees for these enhanced services shall be adopted in accordance with chapter 91.  Libraries shall not be obligated to offer all of the services specified in the fee for enhanced services program, and each public library shall determine which services it will provide."

PART II.

     SECTION 26.  Section 11-157, Hawaii Revised Statutes, is amended to read as follows:

     "§11-157  In case of tie.  In case of the failure of an election by reason of the equality of vote between two or more candidates, the tie shall be decided by the chief election officer or county clerk in the case of county elections in accordance with the following procedure:

     (1)  In the case of an election involving a seat for the senate, house of representatives, [board of education,] or county council where only voters within a specified district are allowed to cast a vote, the winner shall be declared as follows:

         (A)  For each precinct in the affected district, an election rate point shall be calculated by dividing the total voter turnout in that precinct by the total voter turnout in the district.  For the purpose of this subparagraph, the absentee votes cast for the affected district shall be treated as a precinct.  The election rate point shall be calculated by dividing the total absentee votes cast for the affected district by the total voter turnout in that district.  All election rate points shall be expressed as decimal fractions rounded to the nearest hundred thousandth.

         (B)  The candidate with the highest number of votes in a precinct shall be allocated the election rate point calculated under subparagraph (A) for that precinct.  In the event that two or more persons are tied in receiving the highest number of votes for that precinct, the election rate point shall be equally apportioned among those candidates involved in that precinct tie.

         (C)  After the election rate points calculated under subparagraph (A) for all the precincts have been allocated as provided under subparagraph (B), the election rate points allocated to each candidate shall be tallied and the candidate with the highest election rate point total shall be declared the winner.

         (D)  If there is a tie between two or more candidates in the election rate point total, the candidate who is allocated the highest election rate points from the precinct with the largest voter turnout shall be declared the winner.

     (2)  In the case of an election involving a federal office or an elective office where the voters in the entire State or in an entire county are allowed to cast a vote, the winner shall be declared as follows:

         (A)  For each representative district in the State or county, as the case may be, an election rate point shall be calculated by dividing the total voter turnout in that representative district by the total voter turnout in the state, county, or federal office district, as the case may be; provided that for purposes of this subparagraph:

              (i)  The absentee votes cast for a statewide, countywide, or federal office shall be treated as a separate representative district and the election rate point shall be calculated by dividing the total absentee votes cast for the statewide, countywide, or federal office by the total voter turnout in the state, county, or federal office district, as the case may be.

             (ii)  The overseas votes cast for any election in the State for a federal office shall be treated as a separate representative district and the election rate point shall be calculated by dividing the total number of overseas votes cast for the affected federal office by the total voter turnout in the affected federal office district.  The term "overseas votes" means those votes cast by absentee ballots for a presidential election as provided in section 15-3.  All election rate points shall be expressed as decimal fractions rounded to the nearest hundred thousandth.

         (B)  The candidate with the highest number of votes in a representative district shall be allocated the election rate point calculated under subparagraph (A) for that district.  In the event that two or more persons are tied in receiving the highest number of votes for that district, the election rate point shall be equally apportioned among those candidates involved in that district tie.

         (C)  After the election rate points calculated under subparagraph (A) for all the precincts have been allocated as prescribed under subparagraph (B), the election rate points allocated to each candidate shall be tallied and the candidate with the election rate point total shall be declared the winner.

         (D)  If there is a tie between two or more candidates in the election rate point total, the candidate who is allocated the highest election rate points from the representative district with the largest voter turnout shall be declared the winner."

     SECTION 27.  Section 11-195, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d) For purposes of this subpart, whenever a report is required to be filed with the commission, "filed" means electronically filed on the commission's electronic filing system by the date and time specified for the filing of the report by the:

     (1)  Candidate or the committee of a candidate who is seeking election to the:

         (A)  Office of governor;

         (B)  Office of lieutenant governor;

         (C)  Office of mayor;

         (D)  Office of prosecuting attorney;

         (E)  County council;

         (F)  Senate;

         (G)  House of representatives; or

         (H)  Office of Hawaiian affairs; or

        [(I)  Board of education; or]

     (2)  Noncandidate committee required to be registered with the commission pursuant to section 11-194."

     SECTION 28.  Section 11-209, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  From January 1 of the year of any primary, special, or general election, the total expenditures for each election for candidates who voluntarily agree to limit their campaign expenditures, inclusive of all expenditures made or authorized by the candidate alone and all campaign treasurers and committees in the candidate's behalf, shall not exceed the following amounts expressed respectively multiplied by the number of voters in the last preceding general election registered to vote in each respective voting district:

     (1)  For the office of governor--$2.50;

     (2)  For the office of lieutenant governor--$1.40;

     (3)  For the office of mayor--$2.00;

     (4)  For the offices of state senator, state representative, and county council member--$1.40; and

     (5)  For [the offices of the board of education and] all other offices--20 cents."

     SECTION 29.  Section 11-218, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  For [the board of education and] all other offices, the maximum amount of public funds available to a candidate shall not exceed $100 in any election year."

     SECTION 30.  Section 12-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Nomination papers for candidates for members of Congress, governor, and lieutenant governor[, and the board of education] shall be signed by not less than twenty-five registered voters of the State or of the Congressional district [or school board district]from which the candidates are running in the case of candidates for the United States House of Representatives [or for the board of education]."

     SECTION 31.  Section 26-35.5, Hawaii Revised Statutes, is amended to read as follows:

     "§26-35.5  Members of boards and commissions; immunity from or indemnification for civil liability; defense of members.  (a)  For purposes of this section, "member" means any person who is appointed, in accordance with the law, to serve on a temporary or permanent state board, including members of the local school board of any public charter school established under chapter 302B, council, authority, committee, or commission, established by law or elected to [the board of education, or] the board of trustees of the employees' retirement system under section 88-24, or the corporation board of the Hawaii health systems corporation under section 323F-3 and its regional system boards under section 323F-3.5; provided that "member" shall not include any person elected to serve on a board or commission in accordance with chapter 11 [other than a person elected to serve on the board of education]."

     SECTION 32.  Section 26-52, Hawaii Revised Statutes, is amended to read:

     "§26-52  Department heads and executive officers.  The salaries of the following state officers shall be as follows:

    [(1)  The salary of the superintendent of education shall be set by the board of education at a rate no greater than $150,000 a year;

     (2)] (1)  The salary of the president of the University of Hawaii shall be set by the board of regents;

    [(3)] (2)  Effective July 1, 2004, the salaries of all department heads or executive officers of the departments of accounting and general services, agriculture, attorney general, budget and finance, business, economic development, and tourism, commerce and consumer affairs, education, Hawaiian home lands, health, human resources development, human services, labor and industrial relations, land and natural resources, public safety, taxation, and transportation shall be as last recommended by the executive salary commission.  Effective July 1, 2007, and every six years thereafter, the salaries shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature; and

    [(4)] (3)  The salary of the adjutant general shall be $85,302 a year.  Effective July 1, 2007, and every six years thereafter, the salary of the adjutant general shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature, except that if the state salary is in conflict with the pay and allowance fixed by the tables of the regular army or air force of the United States, the latter shall prevail."

     SECTION 33.  Section 26-53, Hawaii Revised Statutes, is amended to read as follows:

     "§26-53  Deputies or assistants to department heads.  Effective July 1, 2004, the salaries of deputies or assistants to the head of any department of the State, [other than the department of education,]shall be within the range or ranges for the specific positions as last recommended by the executive salary commission.  Effective July 1, 2007, and every six years thereafter, the salaries shall be as last recommended by the commission on salaries and specified by the appointing official, if appropriate, pursuant to section 26-56, unless rejected by the legislature."

     SECTION 34.  Section 26-56, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The commission shall review and recommend an appropriate salary for the governor, lieutenant governor, members of the legislature, justices and judges of all state courts, administrative director of the State or an equivalent position, and department heads or executive officers and the deputies or assistants to the department heads of the departments of:

     (1)  Accounting and general services;

     (2)  Agriculture;

     (3)  The attorney general;

     (4)  Budget and finance;

     (5)  Business, economic development, and tourism;

     (6)  Commerce and consumer affairs;

     (7)  Defense;

     (8)  Education;

    [(8)] (9)  Hawaiian home lands;

    [(9)] (10)  Health;

   [(10)] (11)  Human resources development;

   [(11)] (12)  Human services;

   [(12)] (13)  Labor and industrial relations;

   [(13)] (14)  Land and natural resources;

   [(14)] (15)  Public safety;

   [(15)] (16)  Taxation; and

   [(16)] (17)  Transportation.

     The commission shall not review the salary of any position in the [department of education or the] University of Hawaii.

     The commission may recommend different salaries for department heads and executive officers and different salary ranges for deputies or assistants to department heads; provided that the commission shall recommend the same salary range for deputies or assistants to department heads within the same department; provided further that the appointing official shall specify the salary for a particular position within the applicable range.

     The commission shall not recommend salaries lower than salary amounts recommended by prior commissions replaced by this section."

     SECTION 35.  Section 76-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The civil service to which this chapter applies shall comprise all positions in the State now existing or hereafter established and embrace all personal services performed for the State, except the following:

     (1)  Commissioned and enlisted personnel of the Hawaii national guard as such, and positions in the Hawaii national guard that are required by state or federal laws or regulations or orders of the national guard to be filled from those commissioned or enlisted personnel;

     (2)  Positions filled by persons employed by contract where the director of human resources development has certified that the service is special or unique or is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures.  Any such contract may be for any period not exceeding one year;

     (3)  Positions that must be filled without delay to comply with a court order or decree if the director determines that recruitment through normal recruitment civil service procedures would result in delay or noncompliance, such as the Felix-Cayetano consent decree;

     (4)  Positions filled by the legislature or by either house or any committee thereof;

     (5)  Employees in the office of the governor and office of the lieutenant governor, and household employees at Washington Place;

     (6)  Positions filled by popular vote;

     (7)  Department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor or are required by law to be confirmed by the senate;

     (8)  Judges, referees, receivers, masters, jurors, notaries public, land court examiners, court commissioners, and attorneys appointed by a state court for a special temporary service;

     (9)  One bailiff for the chief justice of the supreme court who shall have the powers and duties of a court officer and bailiff under section 606-14; one secretary or clerk for each justice of the supreme court, each judge of the intermediate appellate court, and each judge of the circuit court; one secretary for the judicial council; one deputy administrative director of the courts; three law clerks for the chief justice of the supreme court, two law clerks for each associate justice of the supreme court and each judge of the intermediate appellate court, one law clerk for each judge of the circuit court, two additional law clerks for the civil administrative judge of the circuit court of the first circuit, two additional law clerks for the criminal administrative judge of the circuit court of the first circuit, one additional law clerk for the senior judge of the family court of the first circuit, two additional law clerks for the civil motions judge of the circuit court of the first circuit, two additional law clerks for the criminal motions judge of the circuit court of the first circuit, and two law clerks for the administrative judge of the district court of the first circuit; and one private secretary for the administrative director of the courts, the deputy administrative director of the courts, each department head, each deputy or first assistant, and each additional deputy, or assistant deputy, or assistant defined in paragraph (16);

    (10)  First deputy and deputy attorneys general, the administrative services manager of the department of the attorney general, one secretary for the administrative services manager, an administrator and any support staff for the criminal and juvenile justice resources coordination functions, and law clerks;

     (11) (A)  Teachers, principals, vice-principals, complex area superintendents, deputy and assistant superintendents, other certificated personnel, not more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work;

         (B)  Effective July 1, 2003, teaching assistants, educational assistants, bilingual/bicultural school-home assistants, school psychologists, psychological examiners, speech pathologists, athletic health care trainers, alternative school work study assistants, alternative school educational/supportive services specialists, alternative school project coordinators, and communications aides in the department of education;

         (C)  The special assistant to the state librarian and one secretary for the special assistant to the state librarian; and

         (D)  Members of the faculty of the University of Hawaii, including research workers, extension agents, personnel engaged in instructional work, and administrative, professional, and technical personnel of the university;

    (12)  Employees engaged in special, research, or demonstration projects approved by the governor;

    (13)  Positions filled by inmates, kokuas, patients of state institutions, persons with severe physical or mental handicaps participating in the work experience training programs, and students and positions filled through federally funded programs that provide temporary public service employment such as the federal Comprehensive Employment and Training Act of 1973;

    (14)  A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;

    (15)  Positions filled by persons employed on a fee, contract, or piecework basis, who may lawfully perform their duties concurrently with their private business or profession or other private employment and whose duties require only a portion of their time, if it is impracticable to ascertain or anticipate the portion of time to be devoted to the service of the State;

    (16)  Positions of first deputies or first assistants of each department head appointed under or in the manner provided in section 6, Article V, of the State Constitution; three additional deputies or assistants either in charge of the highways, harbors, and airports divisions or other functions within the department of transportation as may be assigned by the director of transportation, with the approval of the governor; four additional deputies in the department of health, each in charge of one of the following: behavioral health, environmental health, hospitals, and health resources administration, including other functions within the department as may be assigned by the director of health, with the approval of the governor; an administrative assistant to the state librarian; and an administrative assistant to the superintendent of education;

    (17)  Positions specifically exempted from this part by any other law; provided that all of the positions defined by paragraph (9) shall be included in the position classification plan;

    (18)  Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects;

    (19)  Household employees at the official residence of the president of the University of Hawaii;

    (20)  Employees in the department of education engaged in the supervision of students during meal periods in the distribution, collection, and counting of meal tickets, and in the cleaning of classrooms after school hours on a less than half-time basis;

    (21)  Employees hired under the tenant hire program of the Hawaii public housing authority; provided that not more than twenty-six per cent of the authority's work force in any housing project maintained or operated by the authority shall be hired under the tenant hire program;

    (22)  Positions of the federally funded expanded food and nutrition program of the University of Hawaii that require the hiring of nutrition program assistants who live in the areas they serve;

    (23)  Positions filled by severely handicapped persons who are certified by the state vocational rehabilitation office that they are able to perform safely the duties of the positions;

   [(24)  One public high school student to be selected by the Hawaii state student council as a nonvoting member on the board of education as authorized by the State Constitution;

    (25)] (24)  Sheriff, first deputy sheriff, and second deputy sheriff;

   [(26)] (25)  A gender and other fairness coordinator hired by the judiciary; and

   [(27)] (26)  Positions in the Hawaii national guard youth and adult education programs.

     The director shall determine the applicability of this section to specific positions.

     Nothing in this section shall be deemed to affect the civil service status of any incumbent as it existed on July 1, 1955."

     SECTION 36.  Section 84-17, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The financial disclosure statements of the following persons shall be public records and available for inspection and duplication:

     (1)  The governor, the lieutenant governor, the members of the legislature, candidates for and delegates to the constitutional convention, [the members of the board of education,] the trustees of the office of Hawaiian affairs, and candidates for state elective offices;

     (2)  The directors of the state departments and their deputies, regardless of the titles by which the foregoing persons are designated; provided that with respect to the department of the attorney general, the foregoing shall apply only to the attorney general and the first deputy attorney general;

     (3)  The administrative director of the State;

     (4)  The president, the vice presidents, the assistant vice presidents, the chancellors, and the provosts of the University of Hawaii;

     (5)  The superintendent, the deputy superintendent, the state librarian, and the deputy state librarian of the department of education;

     (6)  The administrative director and the deputy director of the courts; and

     (7)  The administrator and the assistant administrator of the office of Hawaiian affairs."

     SECTION 37.  Section 84-41, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§84-41[]]  Applicability of part.  This part applies to legislators, [elected members of the board of education,] trustees of the office of Hawaiian affairs, the governor, the lieutenant governor, and executive department heads and deputies.  This part does not apply to any other officer or employee of the State."

     SECTION 38.  Section 88-21, Hawaii Revised Statutes, is amended by amending the definition of "elective officer" or "elective official" to read as follows:

     ""Elective officer" or "elective official": any person elected to a public office or appointed to fill a vacancy of an elective office, except as a delegate to a constitutional convention [or member of the board of education], in accordance with an election duly held in the State or counties under chapter 11; provided that the person receives compensation, pay, or salary for such office."

     SECTION 39.  Section 89C-1.5, Hawaii Revised Statutes, is amended by amending the definition of "appropriate authority" to read as follows:

     ""Appropriate authority" means the governor, the respective mayors, the chief justice of the supreme court, [the board of education,] the board of regents, the Hawaii health [[]systems[]] corporation board, the auditor, the ombudsman, and the director of the legislative reference bureau.  These individuals or boards may make adjustments for their respective excluded employees."

     SECTION 40.  Section 202-2, Hawaii Revised Statutes, is amended to read as follows:

     "§202-2  Duties of council.  The workforce development council shall:

     (1)  Prepare and update periodically a comprehensive state plan for workforce development with strategic goals and measurable outcomes.  The comprehensive state plan shall include:

         (A)  Strategic goals of workforce development programs, including the identification of the desired number of highly skilled workers in the workforce, the number of placements of individuals into higher-skilled jobs, the identification of high-demand areas for job growth, the need for skilled workers in the next five and ten years, and the time frame for training and development;

         (B)  Methods to educate the private sector about state, federal, and private financial assistance available for workforce development;

         (C)  Methods to facilitate access to workforce development resources, including the reduction of regulatory burdens for employers and employees;

         (D)  The creation and improvement of educational opportunities for individuals to learn and develop new skills, including mentoring, project-based learning, and internships;

         (E)  Methods to facilitate the department of education's development of curriculum in the public schools to prepare students for employment in the private sector;

         (F)  Recommendations to change and improve existing state programs, including the elimination of ineffective programs and the creation of new programs to improve workforce development;

         (G)  The identification of resources required, obstacles to overcome, and best practice models to implement the comprehensive state strategic plan; and

         (H)  A detailed budget for the comprehensive state plan with a justification for each expenditure;

     (2)  Review and assess the coordination between the State's workforce development programs, including programs of the federal government operating in the State, and placements in higher-skilled jobs to expand economic development and diversification; and consider:

         (A)  The State's employment and training requirements and resources;

         (B)  Practices of employers and unions that impede or facilitate the mobility of workers; and

         (C)  The special problems of untrained and inexperienced youth, immigrants, persons with disabilities, welfare clients, single parents, disadvantaged minorities, and other groups facing barriers in the labor force;

     (3)  Serve as an information clearinghouse for all workforce development programs in the State, including workforce training and education programs;

     (4)  Analyze and interpret workforce information, particularly changes which are likely to occur during the next ten years; the specific industries, occupations, and geographic areas which are most likely to be involved; and the social and economic effects of these developments on the State's economy, labor force, communities, families, social structure, and human values;

     (5)  Define those areas of unmet workforce and economic development needs and describe how private and public agencies can coordinate their efforts and collaborate with each other to address those needs;

     (6)  Recommend to the governor and the legislature, state policies and funding priorities based on local community input that it believes should be adopted by the state government in meeting its workforce development responsibilities to:

         (A)  Establish a workforce development system in the State in which resources are pooled and programs are coordinated and streamlined;

         (B)  Establish reporting requirements for job placement results by category of occupations in high-demand and high-growth areas;

         (C)  Encourage a program of useful research into the State's workforce requirements, development, and utilization; and

         (D)  Support recommended workforce policies that promote economic development, diversification, and well-being of the people in this State;

          provided that the duties and responsibilities of the workforce development council shall not impinge on the constitutional and statutory authority of the board of regents [and the board of education, and the statutory authority of the state board for career and technical education];

     (7)  Create public awareness and understanding of the State's workforce development plans, policies, programs, and activities, and promoting them as economic investments;

     (8)  Submit annual reports of its activities and recommendations to the governor and the legislature, and post the annual reports electronically on the Internet no later than twenty days before the convening of each regular session.  Annual reports shall include:

         (A)  The status of the comprehensive state plan for workforce development; and

         (B)  Information regarding the workforce development programs offered throughout the State, the number of individuals placed in high-demand or high-growth employment through workforce development programs by departments, the type or category of employment garnered, and allocations of state, federal, and other funding to achieve placements into higher-skilled jobs;

     (9)  Evaluate the state workforce development plan in terms of how its purposes, goals, and objectives have been carried out throughout the State;

    (10)  Provide technical assistance to local workforce development boards and other similar organizations;

    (11)  Carry out required functions and duties related to workforce development of any advisory body required or made optional by federal legislation, including the Job Training Partnership Act of 1982, as amended, and the Wagner-Peyser Act of 1933, as amended;

    (12)  In accordance with the federal Workforce Investment Act of 1998, Public Law 105-220, assist the governor in the following functions:

         (A)  The development of the State's plan for the use of federal workforce investment funds, which is required under Public Law 105-220;

         (B)  The development and continuous improvement of the statewide and local workforce investment systems described in subtitle B of Public Law 105-220, and the one-stop delivery systems described in section 134(c) of Public Law 105-220, including:

              (i)  The development of linkages referred to in Public Law 105-220, to assure coordination and non-duplication among the programs and activities in section 121(b) of Public Law 105-220; and

             (ii)  The review of plans prepared by local workforce investment boards for the use of federal workforce investment funds which is required under Public Law 105-220;

         (C)  Commenting at least once annually on the measures taken pursuant to section 122(c)(16) of the Carl D. Perkins Vocational and Technical Education Amendments of 1998, Public Law 105-332;

         (D)  The designation of local areas as required in section 116 of Public Law 105-220;

         (E)  The development of allocation formulas for the distribution of funds for adult employment and training activities and youth activities to local areas as permitted under sections 128(b)(3)(B)(i) and 133(b)(3)(B)(i) of Public Law 105-220;

         (F)  The development and continuous improvement of comprehensive state performance measures, including state-adjusted levels of performance, to assess the effectiveness of the workforce investment activities in the State as required under section 136(b)(1) of Public Law 105-220;

         (G)  The preparation of the annual report to the United States Secretary of Labor described in section 136(d)(1) of Public Law 105-220;

         (H)  The development of the statewide employment statistics system described in section 15(e) of the Wagner-Peyser Act; and

         (I)  The development of an application for an incentive grant under section 503 of Public Law 105-220; and

    (13)  Act as the designated state entity to conduct activities relating to occupational and employment information for vocational and technical education programs in compliance with section 118 of the Carl D.  Perkins Vocational and Technical Education Amendments of 1998, Public Law 105-332."

     SECTION 41.  Section 302A-101, Hawaii Revised Statutes, is amended:

     (1)  By amending the definition of "public schools" to read as follows:

     ""Public schools" means all academic and noncollege type schools established and maintained by the department [and], including public charter schools [chartered by the board of education], in accordance with law."

     (2)  By repealing the definition of "board" as follows:

     ["Board" means the board of education.]

     SECTION 42.  Section 302A-301, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     " (c)  The [board] superintendent shall establish and appoint the members of a grant award panel, which shall consist of at least one representative from each of the following groups:

          (1)  Parents;

          (2)  Students;

          (3)  Teachers;

          (4)  School administrators;

          (5)  School support staff;

          (6)  Businesspersons; and

          (7)  The military; whose participation shall be  requested.

     The panel shall include a representative from each school district among its members.

     The panel shall review proposals and make recommendations to the superintendent on grant awards.  Panel members shall serve for a term of two years without compensation, but shall be entitled to reimbursement for necessary expenses while attending meetings and while in the discharge of their duties.  A portion of the moneys in the incentive and innovation grant trust fund, not to exceed one per cent, shall be used to offset the expenses incurred by the review panel."

     SECTION 43.  Section 302A-447, Hawaii Revised Statutes, is amended to read as follows:
     "§302A-447  State student council.  (a)  There is established within the department for administrative purposes the state student council, which shall consist of representation from each departmental school district.

     [(b)  The council shall determine whether it shall directly select the student member of the board or whether it shall run an election to select that individual.

     (c)] (b)  The council shall establish policies and procedures governing its operations, including the selection and number of council members, without regard to the public notice, public hearing, and gubernatorial approval requirements of chapter 91, but subject to the open meeting requirements of chapter 92.

     [(d)] (c)  The state student council shall cooperate with the student conference committee established under section 317-2 in planning the annual secondary school students conference established under chapter 317."

     SECTION 44.  Section 302A-1106.5, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1106.5  [Board of education; community meetings.] Meetings.  The [board] department shall hold not less than [two community meetings] one meeting annually in each [departmental school district] county to [discuss and] receive input from the community on public education and public library issues.  [The board chairperson shall designate board members to attend the community meetings.  These community meetings shall not be held for the purpose of formulating educational policy.  The community meetings shall be exempt from sections 92-2.5, 92-7, 92-9, and 92-41, provided that the board shall give written public notice of each community meeting.] The meeting notice shall indicate the date, time, and place of the meeting, and shall be filed in the office of the lieutenant governor and in the [board's] superintendent's office for public inspection six calendar days before the meeting.  The notice shall also be posted at the site of the meeting."

     SECTION 45.  Section 302A-1110, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1110  Educational districts not applicable.  The educational districts established by section 4-1 shall not be applicable to, nor alter, [the school board or departmental school districts, established by section 13-1, or] the school districts established for administrative purposes by the department."

     SECTION 46.  Section 302A-1122, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1122  Gifts.  The [board] department may receive and manage moneys or other property, real, personal, or mixed, that may be given, bequeathed, devised, or in any manner received from sources other than the legislature or any federal appropriation for the purposes of the department.  All such moneys received by[, or on behalf of,] the department shall be paid into the state treasury, and all such moneys are appropriated for the use of the department.  The [board] department shall cause to be kept suitable books of accounts wherein shall be recorded each gift, the essential facts of its management, and the expenditure of the income."

     SECTION 47.  Section 304A-303, Hawaii Revised Statutes, is amended to read as follows:

     "§304A-303  Career and technical education coordinating advisory council.  (a)  There is established a career and technical education coordinating advisory council which shall serve in an advisory capacity to the board of regents.  The council shall consist of eleven members, nine appointed and two ex officio voting members.  Of the nine appointed members:

     (1)  Three shall be appointed from the board of regents by the chairperson of that body;

     (2)  Three shall be appointed [from the board of education by the chairperson of that body;] by the governor; and

     (3)  Three shall be appointed from the workforce development council by that council.

     Of the three members appointed from the workforce development council, one member shall represent management, one member shall represent labor, and the third shall represent the public.  Of the two ex officio members, one shall be the president of the university and the other shall be the superintendent of education.

     (b)  Of the three members first appointed by each appointing authority, [other than the chairperson of the board of education,] one shall be appointed for two years, one shall be appointed for three years, and one shall be appointed for four years.  [In the case of the members appointed from the board of education, the terms of such members shall be for their remaining terms as members of the board of education.] Upon the expiration of the terms of the first members, their successors shall serve for a term of four years.  Vacancies shall be filled by the appropriate appointing authority for the unexpired term.

     (c)  The council shall elect a chairperson and such other officers as it deems necessary.  Section 92-15 shall apply.  The members of the council shall serve without compensation but shall be entitled to their travel expenses within the State when attending meetings of the council or when actually engaged in business relating to the work of the council."

     SECTION 48.  Chapter 13, Hawaii Revised Statutes, is repealed.

     SECTION 49.  Section 17-6, Hawaii Revised Statutes, is repealed.

     ["§17-6  Board of education members.  (a)  The governor shall make an appointment to fill any vacancy in the membership of the board of education for the unexpired term of that vacancy whenever a vacancy occurs and the term of that vacancy ends at the time of the next succeeding general election.

     (b)  In the case of a vacancy, the term of which does not end at the next succeeding general election:

     (1)  If it occurs not later than on the sixtieth day prior to the next succeeding general election, the vacancy shall be filled for the unexpired term at the next succeeding general election.  The chief election officer shall issue a proclamation designating the election for filling the vacancy.  All candidates for the unexpired term shall file nomination papers not later than 4:30 p.m. on the fiftieth day prior to the general election (but if such day is a Saturday, Sunday, or holiday then not later than 4:30 p.m. on the first working day immediately preceding) and shall be elected in accordance with this title.  Pending the election the governor shall make a temporary appointment to fill the vacancy and the person so appointed shall serve until the election of the person duly elected to fill such vacancy.

     (2)  If it occurs after the sixtieth day prior to the next succeeding general election, the governor shall make an appointment to fill the vacancy for the unexpired term.

     (c)  All appointments made by the governor under this section shall be made without consideration of the appointee's party affiliation or preference or nonpartisanship, however the persons so appointed shall meet the residency requirement specified in section 13-1."]

     SECTION 50.  Section 302A-620, Hawaii Revised Statutes, is repealed.

     ["§302A-620  Classification/compensation appeals board; adjustments to classification/compensation plan.  (a)  There shall be established a classification/compensation appeals board within the department for administrative purposes.  The appeals board shall be composed of three members.  One member shall be appointed by the board of education and one member appointed by the exclusive bargaining unit representing educational officers.  The third member shall be appointed by the governor and shall serve as chairperson.  No member shall be an employee of the department, a member of the board of education, or an employee of the organization representing educational officers.  The appeals board shall sit as an appellate body on matters of classification/compensation.  All decisions of the appeals board shall be by majority vote and be binding on both parties.

     (b)  The appeals board shall meet biennially every even-numbered year to receive pricing appeals from affected persons and parties relating to the classification/compensation plan.  All petitions for appeal shall be filed with the appeals board within twenty days from the date set by the appeals board for receipt of these appeals.

     The appeals board shall meet on a quarterly basis as needed to receive classification appeals.  All petitions for educational officer classification appeals shall be filed with the appeals board within twenty working days from the date of receipt of notification of the classification action or twenty working days from the date of receipt of the superintendent's written decision on the employee's internal administrative review appeal.

     (c)  The appeals board shall function independently of the board of education and the department, but may procure office facilities and clerical assistance from them.  Neither the appeals board nor any of its members or staff shall consult with any member of the board of education or department except on notice and opportunity for the appealing employee or the employee's representative to participate.

     The appeals board shall adopt policies and standards relative to classification/compensation.  The appeals board may adopt rules pursuant to chapter 91 for the conduct of appeal hearings.

     (d)  The appeals board shall make whatever adjustments that are necessary to the affected classes where the appeals have been filed in the classification/compensation plan.

     The appeals board shall hear pricing appeals and complete the final adjustment to the classification/compensation plan by the first Wednesday of December of all even-numbered years.  Following the final pricing adjustment to the classification/compensation plan, the superintendent shall submit to the legislature, through the office of the governor, a report setting forth the classification/compensation plan and the cost thereof for its information and approval.  The approved classification/compensation plan shall be effective as of July 1 of each odd-numbered year.

     The appeals board shall hear classification appeals on a quarterly basis upon receipt of the appeals.  The effective date of the appeals for twelve-month educational officers shall be the first pay period immediately following the receipt of the current position description by the classification/compensation section of the department.  The effective date for ten-month officers shall be the beginning of the appropriate semester (September or January).

     (e)  Notwithstanding any other laws to the contrary, each member of the appeals board shall receive $50 per day for each day on which work is done by them in connection with authorized activities of the appeals board.  The cost thereof shall be met by legislative appropriations for the appeals board."]

     SECTION 51.  Section 302A-623, Hawaii Revised Statutes, is repealed.

     ["§302A-623  Salary ranges, educational officers.  Salary ranges for educational officer positions of the department shall be determined by the board based on the position classification/compensation plan approved by the board.  Salary ranges for educational officer positions shall be subject to the requirements of sections 302A-625 and 302A-626.]"

     SECTION 52.  Section 302A-1105, Hawaii Revised Statutes, is repealed.

     ["§302A-1105  Compensation; expenses.  Board of education members shall be allowed:

     (1)  Compensation at the rate of $100 per day for each day's actual attendance at meetings;

     (2)  Transportation fares between islands and abroad; and

     (3)  Personal expenses at the rates specified by the board while attending board meetings or while on official business as authorized by the chairperson, when the board meetings or official business require a board member to leave the island upon which the board member resides."]

     SECTION 53.  Section 302A-1106, Hawaii Revised Statutes, is repealed.

     ["§302A-1106  Organization; quorum; meetings.  (a)  The board shall elect from its own membership a chairperson and a vice-chairperson.  A majority of all members to which the board is entitled shall constitute a quorum to do business and the concurrence of a majority of all members to which the board is entitled shall be necessary to make any action of the board valid; provided that due notice shall have been given to all members of the board or a bona fide attempt shall have been made to give due notice to all members of the board to whom it was reasonably practicable to give due notice.  Meetings shall be called and held, at the call of the chairperson or by a quorum, as often as may be necessary for the transaction of the department's business.

          (b)  Chapter 92 notwithstanding, from the convening of the legislature in regular session to adjournment sine die of each regular session, and during each special session of the legislature, the board may file any notice that specifies only legislation or legislation-related agenda items, no fewer than two calendar days before the meeting."]

     SECTION 54.  Act 85, Session Laws of Hawaii 2009, is amended by amending subsection (a) of section 2 to read as follows:

     "(a)  Notwithstanding any law to the contrary and notwithstanding the recommendations of the commission on salaries for salary increases, beginning July 1, 2009, and until June 30, 2011, the annual salaries of the governor, the lieutenant governor, the justices and judges of all state courts, the administrative director of the State or an equivalent position, and the department heads or executive officers and the deputies or assistants to the department heads or executive officers of the departments of:

     (1)  Accounting and general services;

     (2)  Agriculture;

     (3)  The attorney general;

     (4)  Budget and finance;

     (5)  Business, economic development, and tourism;

     (6)  Commerce and consumer affairs;

     (7)  Defense;

     (8)  Education;

    [(8)] (9) Hawaiian home lands;

    [(9)] (10) Health;

   [(10)] (11) Human resources development;

   [(11)] (12) Human services;

   [(12)] (13) Labor and industrial relations;

   [(13)] (14) Land and natural resources;

   [(14)] (15) Public safety;

   [(15)] (16) Taxation; and

   [(16)] (17) Transportation,

shall be reduced by five per cent from what the salary is as of June 30, 2009, and shall remain at that salary rate until June 30, 2011; provided that on July 1, 2011, the salaries of these positions shall be restored to the level they would have been on July 1, 2009, without the salary decrease under this Act; provided further that the recommendations of the commission on salaries for salary increases for these positions effective July 1, 2012, shall become effective on that date in accordance with the recommendations."

PART III.

     SECTION 55.  Upon the effective date of this Act the governor may appoint an interim superintendent of education to serve pending the governor's appointment of a superintendent of education pursuant to section 10 of this Act.

     All rules, policies, procedures, guidelines, and other material adopted or developed by the board of education prior to the effective date of this Act, shall remain in full force and effect until amended or repealed by the superintendent of education pursuant to chapter 91, Hawaii Revised Statutes.

     All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the board of education relating to the functions transferred to the governor and the superintendent of education shall be transferred with the functions to which they relate.

     All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the board of education prior to the effective date of this Act, shall remain in full force and effect until amended or renegotiated by the superintendent of education.

     SECTION 56.  No officer or employee of the State shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act.

     In the event that an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the director of human resources development.

     SECTION 57.  The revisor of statutes shall replace the term "board of education" or like term, as appropriate, whenever it may appear in the Hawaii Revised Statutes, with the term "department of education," or like term, as the context requires.

     SECTION 58.  All acts passed by the legislature during this regular session of 2010, whether enacted before or after the effective date of this Act, shall be amended to conform to this Act unless such acts specifically provide that this Act is being amended.

     SECTION 59.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 60.  This Act shall take effect upon the ratification of a constitutional amendment to make the department of education into a cabinet-level department with a superintendent appointed by the governor.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Education; Governance

 

Description:

Restructures the governance system of the State's public education system in order to create greater accountability; and repeals the powers and duties of the Board of Education.  Authorizes the Governor to appoint the Superintendent of Education subject to confirmation by the Senate.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.