Bill Text: HI SB1082 | 2013 | Regular Session | Introduced
Bill Title: Transportation of School Children; Contracting Provisions
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-07-09 - Act 257, 7/2/2013 (Gov. Msg. No. 1360). [SB1082 Detail]
Download: Hawaii-2013-SB1082-Introduced.html
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THE SENATE |
S.B. NO. |
1082 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TRANSPORTATION OF SCHOOL CHILDREN.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds and determines that the restructuring of contracting practices, policies, and procedures is of utmost importance so that school children can be transported safely, efficiently, and at a reasonable cost. The legislature finds and determines that the statutory provisions governing the contracts for transportation of school children should be revised in a manner that will enable the department of education to implement the recommendations of the legislative auditor and the department's consultants in restructuring the practices, policies, and procedures of the department applicable to the transportation of school children and the procurement, execution, administration, and management of contracts for such transportation.
In November 2012, the Student Bus Transportation Study Final Report was received by the department of education from its consultant, Management Partnership Services, Inc. The final report cited sections 302A-406 and 302A-407, Hawaii Revised Statutes, as atypically specifying contractual requirements by statute. The final report cites the high costs of service as an indication that the contracting process must allow for reasonable flexibility to maximize the use of resources. To that end, the legislature finds and determines that greater flexibility in the contracting of student transportation is necessary to improve delivery of services and contain escalating costs.
SECTION 2. Section 302A-406, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department may provide suitable
transportation to and from school and for educational field trips for all
children in grades kindergarten to twelve and in special education classes. The
department shall adopt such policy, procedure, and program as it deems necessary
to provide suitable transportation. [In formulating the policy, procedure,
and program, the department shall consider the school district; the school
attendance area in which a school child normally resides; the distance the
school child lives from the school; the availability of public carriers or
other means of transportation; the frequency, regularity, and availability of
public transportation; and the grade level, physical handicap, or special
learning disability of a school child, and it may also consider such conditions
and circumstances unique or peculiar to a county or area. If the
implementation of student instructional hours pursuant to section 302A-251
results in varying schedules for the transportation of students, the department
shall consider pick-up and drop-off times that optimize the department's
transportation services while minimizing costs to the State.]"
SECTION 3. Section 302A-407, Hawaii Revised Statutes, is amended to read as follows:
"§302A-407 School bus contracts. (a)
[Any other law to the contrary notwithstanding, school bus contracts between
the State and a private contractor may be extended for two years by mutual
agreement; provided that the parties may agree to extend the contract for an
additional two years thereafter. The compensation due to the contractor by the
State for each extended year may be increased by an amount not to exceed five
per cent of the previous year's compensation. In addition, the compensation
due to the contractor by the State for any original or extended contract year
may be increased by a reasonable amount for unanticipated inflationary
increases in the cost of fuel. If the original contract between the State and
a private contractor already includes an option to extend the contract period,
this subsection shall apply after the contract option is exercised.
(b) In the
renegotiation for the extension of any contract, the contractor shall be
notified at least three months in advance to prepare data and facts relating to
fuel cost for the justification of an increase in the amount for the new
contract period.
(c) If a school is
temporarily closed due to an unexpected disruption necessitating the closing of
the school, the contractor and the State may enter into renegotiation for
payments of fixed costs.
(d) The contract
between the State and the contractor shall include an age limit for the school
bus vehicles that may be used. The serviceability of a vehicle shall be
determined by chapter 286.
(e)] The contract between the State and
the contractor shall include a provision requiring the contractor to equip the
contractor's vehicles with the signs and visual signals described in section
291C-95(d) and (g). The contract shall also include other provisions as may be
deemed necessary by the State for the safety of school bus passengers and shall
include provisions requiring [periodic refurbishment of school buses over
ten years old.] compliance with the rules and standards described in
section 286-181.
[(f)] (b) All moneys received
from students and parents or guardians of students by public schools for
state-provided school busing services, as authorized by section 302A-406, shall
be deposited into the school bus fare revolving fund. Except as otherwise
provided by the legislature, expenditures for the operation of state-contracted
school bus services, expenditures for the operation of state-contracted
school bus services, as authorized by section 302A-406, shall be made from this
fund."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Transportation of School Children; Contracting Provisions
Description:
Deletes statutory language specifying considerations and provisions for contracting transportation of school children.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
