Hawaii-2016-SB2050-Introduced

SECTION 1. The legislature finds that the operational expenses to be saved by establishing the Kakaako campus of the University of Hawaii as a financially and administratively separate campus from the University of Hawaii at Manoa is a matter of statewide concern and therefore under the legislature's purview pursuant to article X, section 6, of the Hawaii State Constitution.

The purpose of this Act, therefore, is to:

(1) Establish the Hawaii health sciences campus at the University of Hawaii at Kakaako consisting of the John A. Burns school of medicine and the University of Hawaii cancer center as an administratively separate branch of the University of Hawaii at Manoa; and

(2) Appropriate general obligation bond revenues and general funds to support the transition to a joint campus and restrict debt.

SECTION 2. There is established the Hawaii health sciences campus at the University of Hawaii at Kakaako. The Hawaii health sciences campus at the University of Hawaii at Kakaako shall be a joint campus consisting of the John A. Burns school of medicine and the University of Hawaii cancer center, which administratively shall be a separate branch of the University of Hawaii at Manoa. The director of the University of Hawaii cancer center shall report to the dean of the John A. Burns school of medicine who shall serve as the administrative head of the Hawaii health sciences campus at the University of Hawaii at Kakaako.

SECTION 3. All rights, powers, functions, and duties of the University of Hawaii John A. Burns school of medicine and the University of Hawaii cancer center are transferred to the Hawaii health sciences campus at the University of Hawaii at Kakaako.

All employees who occupy civil service positions and whose functions are transferred to the Hawaii health sciences campus at the University of Hawaii at Kakaako 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 administrative head of the Hawaii health sciences campus at the University of Hawaii at Kakaako may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the University of Hawaii John A. Burns school of medicine and the University of Hawaii cancer center relating to the functions transferred to the Hawaii health sciences campus at the University of Hawaii at Kakaako shall be transferred with the functions to which they relate.

SECTION 5. It is not the intent of this Act to jeopardize the receipt of any federal aid nor to impair the obligation of the estate or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.

SECTION 6. The Hawaii health sciences campus at the University of Hawaii at Kakaako shall submit a five-year business plan regarding the sustainability of the joint campus to the legislature, including any proposed legislation, no later than January 1, 2017.

SECTION 7. The director of finance is authorized to issue general obligation bonds in the sum of $ or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2016-2017 to finance the consolidated debt service owed by the University of Hawaii cancer center and the University of Hawaii John A. Burns school of medicine; provided that the consolidation of debt is approved by the dean of the John A. Burns school of medicine.

The sum appropriated shall be expended by the University of Hawaii John A. Burns school of medicine.

SECTION 8. The appropriation made for the capital improvement project authorized by this Act shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all moneys from the appropriation unencumbered as of June 30, 2018, shall lapse as of that date.

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2016-2017 for transitioning the John A. Burns school of medicine and the University of Hawaii cancer center into the Hawaii health sciences campus at the University of Hawaii at Kakaako campus.

The sum appropriated shall be expended by the University of Hawaii for the purposes of this Act.

SECTION 10. This Act shall take effect on July 1, 2016.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2050
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII