Hawaii-2018-HB277-Introduced

HOUSE OF REPRESENTATIVES	H.B. NO.	277
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

relating to department of education capital improvement projects.

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

SECTION 1. Section 37-66, Hawaii Revised Statutes, is amended to read as follows:

"[[]§37-66[]] Responsibilities of the legislature. (a) The legislature shall:

(1) Consider the long-range plans, including the proposed objectives and policies, the six-year state program and financial plan, and the budget and revenue proposals recommended by the governor and any alternatives thereto[.];

(2) Adopt programs and the state budget, and appropriate moneys to implement the programs it deems appropriate[.];

(3) Adopt [~~such~~] other legislation as necessary to implement state programs[.]; and

(4) Review the implementation of the state budget and program accomplishments and execution of legislative policy direction. Implementation of the state budget and program management, execution, and performance shall be subject to post-audits by the auditor who shall report the auditor's findings and recommendations to the legislature as provided in chapter 23.

(b) When appropriating funds for capital improvement projects for the department of education, the legislature shall allocate not less than eighty per cent of all capital improvement project funds designated for the department of education in each fiscal year for projects on the department of education capital improvement projects priority list that is submitted to the governor and legislature pursuant to section 302A- ."

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part VI, subpart A, to be appropriately designated and to read as follows:

"§302A- Department of education capital improvements committee; authority. (a) The board shall establish a capital improvements committee from among its members. The committee shall consist of not less than five individuals and shall serve without regard to section 26-34; provided that the committee members' terms shall co-terminate with their respective board terms.

(b) The chairperson of the board shall appoint the committee chairperson from among the members of the committee.

(c) The members of the committee shall serve without pay but shall be reimbursed for their actual and necessary expenses, including travel expenses, incurred in carrying out their duties.

(d) Any action taken by the committee shall be approved by a simple majority of its members. Three members shall constitute a quorum to do business.

(e) No later than October 1 of each year, the committee shall transmit to the governor and the legislature a department of education capital improvement projects priority list. The committee shall accept input from the superintendent and the board of education in creating the priority list. The priority list shall be created using a student-centered approach and the ranking of each project shall be based upon:

(1) The need for the project compared to other projects requested by the governor, the board, the superintendent, complex area superintendents, principals, teachers, legislators, and members of the public;

(2) The capacity of the school where the proposed project will be implemented or the capacity of the surrounding schools if the project involves a new school;

(3) The enrollment of the school where the proposed project will be implemented or the enrollment of the surrounding schools if the project involves a new school; and

(4) The age of the facilities being replaced, repaired, or supplemented by the project.

(f) The legislature shall use the priority list to meet its obligations under section 37-66(b).

(g) For purposes of this section:

"Committee" means the department of education capital improvements committee.

"Priority list" means the department of education capital improvement projects priority list."

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

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________