STAND. COM. REP. NO.  420

Honolulu, Hawaii

                , 2011

RE:   S.B. No. 8

      S.D. 1

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Finance, to which was referred S.B. No. 8, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

     The purpose of this bill is to implement the constitutional amendment to Article X of the Hawaii State Constitution by providing the framework and appointment process for an appointed Board of Education (Board).

     The Governor, the Hawaii Government Employees Association, The Chamber of Commerce of Hawaii, the Hawaii State Teachers Association, the Board of Directors of The League of Women Voters of Hawaii, the Hawaii County League of Women Voters, Outrigger Hotels Hawaii, and several concerned individuals supported this bill.  A concerned individual opposed this measure.  Many concerned individuals provided comments.

     Your Committee has amended this bill by, among other things:

     (1)  Reducing from ten to nine the number of Board members;

     (2)  Changing the public high school student member to a public high school student representative;

     (3)  Clarifying the provisions relating to Senate confirmation of a reappointed member by allowing a member to continue to serve until the Senate takes final action on the reconfirmation;

     (4)  Removing the requirement for due notice and public hearing prior to the removal or suspension for cause of any Board member by the Governor;

     (5)  Changing from six to five the number of voting members on the Board that trigger alternate quorum requirements;

     (6)  Changing from two to three the maximum number of consecutive terms a Board member may serve;

     (7)  Amending the minimum and recommended qualifications for each nominee, including recategorizing an understanding of collective bargaining as a recommended qualification;

     (8)  Requiring the Governor to provide written documentation upon the nomination of any board member, rather than prior to the nomination;

     (9)  Requiring the Governor to describe nominees' qualifications upon nomination;

     (10) Clarifying that the initially-appointed Board will begin their service upon the discharge of the elected Board;

     (11) Requiring the Governor to nominate all members of the Board no later than June 30, 2011; and

     (12) Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 8, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 8, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Finance,

____________________________

MARCUS R. OSHIRO, Chair