Bill Text: HI SB145 | 2010 | Regular Session | Amended
Bill Title: Department of Education; School Facilities
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB145 Detail]
Download: Hawaii-2010-SB145-Amended.html
Report Title:
Department of Education; School Facilities; Repair and Maintenance; CIP: Procurement Exemption
Description:
Clarifies the transfer of responsibility for repair and maintenance of equipment and fixtures in school facilities from the department of accounting and general services to the department of education (part I); provides a temporary procurement code exemption (chapter 103 and 103D, Hawaii Revised Statutes), to the department of education in order to expedite construction projects (part II). (SD1)
|
THE SENATE |
S.B. NO. |
145 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The purpose of this part is to reflect the transfer of responsibility for school facilities, including the repair and maintenance of donated equipment and fixtures, from the department of accounting and general services to the department of education as provided for in Act 51, Session Laws of Hawaii 2004.
SECTION 2. Section 302A-1501, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-1501[]]
Noise and climate control at school facilities. [(a)] The
department shall plan for, and request appropriations necessary to implement,
acoustic noise control and air conditioning of existing and new school
facilities in areas that are susceptible to extremes of temperature or affected
by aircraft, traffic, and other noise. The department shall develop
appropriate standards and consider local conditions for deciding whether
acoustic noise control and air conditioning of existing and new school
facilities are required for effective classroom instruction. In all cases
where acoustic treatment of school facilities is planned, the department shall
utilize the services of individuals qualified by training and experience to
recommend appropriate noise control procedures and components. Acoustic noise
control and air conditioning shall be given equal weight as all other factors in
the criteria used by the department in setting priorities for school
construction and renovations.
[(b) In any case where air conditioners are
installed in a particular school, the department may require that the
approximate cost of electricity and maintenance for air conditioners not
installed by the department of accounting and general services be paid by a
private entity until the department establishes temperature and noise standards
and a policy relating to air conditioning.]"
SECTION 3. Section 302A-1503, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) In the case of equipment or fixtures
that are to be installed in existing or new school facilities, the department [of
accounting and general services] shall [thereafter] be responsible
for the repair and maintenance of the donated equipment or fixtures[.
In the case of equipment that supports the school's curriculum and programs,
the department of education shall thereafter be responsible for the repair and maintenance
of the donated equipment.], unless the equipment or fixtures are deemed
obsolete, as determined by the department."
PART II
SECTION 4. The purpose of this part is to provide a temporary exemption from chapter 103 and 103D, Hawaii Revised Statutes, to the department of education in order to expedite construction projects.
SECTION 5. (a) Chapter 302A, Hawaii Revised Statutes, notwithstanding, the department of education shall not be subject to chapter 103 and 103D, Hawaii Revised Statutes, and any and all other requirements of law for competitive bidding for contracts related to construction projects; provided that the department shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices.
(b) The department shall submit annual reports to the legislature no later than twenty days prior to the convening of the regular sessions of 2010 through 2013 on the status of the construction projects utilizing the exemptions established in subsection (a).
PART III
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon approval, and the exemption granted in section 5 of this Act shall be repealed on June 30, 2012.
