Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Education, to which was referred H.B. No. 2644 entitled:

begs leave to report as follows:

The purpose of this bill is to enable the Department of Education (DOE) to assess and collect impact fees by intergovernmental agreement with a county for fair share contributions from developments to benefit educational facilities.

DOE, the Hawaii Teachers Standards Board, and Land Use Research Foundation of Hawaii submitted testimony in support of this bill. Gentry Homes, Ltd., submitted testimony in support of the intent of this bill. The City and County of Honolulu Department of Planning and Permitting submitted comments.

Your Committee finds that DOE currently receives fair share contributions from developments for the anticipated needs of school sites impacted by the development. However, there is no current statutory authority regulating the assessment and collection of these fees by DOE and there is no mechanism to ensure that the moneys collected will benefit the affected schools.

Your Committee has amended this bill by making technical, nonsubstantive changes for purposes of style and clarity.

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 H.B. No. 2644, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2644, H.D. 1, and be referred to the Committee on Judiciary.