STAND. COM. REP. NO. 200

Honolulu, Hawaii

RE: S.B. No. 808

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Education, to which was referred S.B. No. 808 entitled:

"A BILL FOR AN ACT RELATING TO THE SCHOOL FACILITIES AGENCY,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Describe the powers and responsibilities of the School Facilities Agency by amending Act 72, Session Laws of Hawaii 2020; and

(2) Transfer the total fund balance in the state educational improvement fund to the school facilities special fund by a certain date.

Your Committee received testimony in support of this measure from the Department of Transportation. Your Committee received comments on this measure from the Department of Education, State Procurement Office, and Department of Budget and Finance.

Your Committee finds that currently, Act 72, Session Laws of Hawaii 2020 (Act 72), does not clearly describe the powers and responsibilities of the School Facilities Agency and its Executive Director, School Facilities Board, and administrative staff. This measure will amend some of the provisions of Act 72, which will help provide guidance and improve the efficiency of the School Facilities Agency.

Your Committee has amended this measure by:

(1) Amending Act 72 to specify that the School Facilities Agency may appoint or retain by contract one or more attorneys independent of the Attorney General to provide legal services solely in cases of negotiations in which the Attorney General lacks expertise; provided that the independent attorney shall consult and work in conjunction with the designated deputy attorney general assigned and make conforming amendments;

(2) Amending Act 72 to specify that the School Facilities Agency may use the Department of Human Resources Development to recruit, hire, and retain exempt employees, architects, engineers, existing civil service positions for the development, planning, and construction related to capital improvement projects;

(3) Specifying that there shall be transferred all rules, policies, deeds, contracts, and agreements from the Department of Education to the School Facilities Agency that are related to the school impact fees;

(4) Specifying that a blank general fund appropriation be made to fund the special facilities special fund and an appropriation from the fund for the purposes of this Act; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 808, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 808, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.

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

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MICHELLE N. KIDANI, Chair