THE SENATE

S.B. NO.

862

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to education.

 

 

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

 


     SECTION 1.  Section 302L-1.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established an executive office on early learning that shall be [temporarily placed within the office of the governor; provided that on July 1, 2015, the executive office on early learning shall be] permanently established within the department of education [for administrative purposes only.], beginning on July 1, 2015."

     SECTION 2.  All rights, powers, functions, and duties of the office of the governor relating to this Act are transferred to the department of education.

     All employees who occupy civil service positions and whose functions are transferred to the department of education by this Act shall retain their civil service status, whether permanent or temporary.  Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act.  An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws.  The superintendent of education may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

     SECTION 3.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the office of the governor relating to the functions transferred to the department of education shall be transferred with the functions to which they relate.

     SECTION 4.  All rules, policies, procedures, guidelines, and other material adopted or developed by the office of the governor to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of education by this Act, shall remain in full force and effect until amended or repealed by the board of education pursuant to chapter 91, Hawaii Revised Statutes.  In the interim, every reference to the office of the governor or the governor in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of education, the board of education, or the superintendent of education, as appropriate.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Executive Office on Early Learning; DOE

 

Description:

Transfers the executive office on early learning from the governor's office to the DOE.

 

 

 

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