STAND. COM. REP. NO. 1067

Honolulu, Hawaii

RE:    H.B. No. 18

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Education, to which was referred H.B. No. 18, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

     The purpose of this measure is to authorize the Hawaii Teacher Standards Board to suspend its rules when extenuating circumstances require and to amend licensing-related fees and set or amend other charges related to the performance of its duties.

     Testimony in support of this measure was submitted by the Department of Education, the University of Hawaii, the Hawaii State Teachers Association, and the Hawaii Teacher Standards Board.

     Your Committee finds that the Legislature, pursuant to Act 312, Session Laws of Hawaii 2001, authorized the Hawaii Teacher Standards Board, among other things, to issue, renew, revoke, suspend, and reinstate teacher licenses in Hawaii.  Your Committee further finds that the Hawaii Teacher Standards Board has represented that it has encountered great difficulty with respect to situations that arise that require the suspension of its rules in the interest of expeditious and effective operations.  However, the law does not currently provide the Hawaii Teacher Standards Board with the authority to suspend its rules at any time, even if to do so would assist the Hawaii Teacher Standards Board in its ability to perform its duties.

     This measure authorizes the Hawaii Teacher Standards Board greater authority over its operations by allowing it to suspend its rules and set and amend fees and charges related to its duties and functions.  Your Committee believes that this measure will assist the Hawaii Teacher Standards Board in effectively and efficiently executing its duties and functions.  Your Committee previously heard a Senate measure, Senate Bill No. 100, S.D. 1, which is similar to this measure and which addresses concerns raised by the Hawaii Teacher Standards Board regarding the applicability of chapter 92, Hawaii Revised Statutes.

     Accordingly, your Committee has amended this measure by inserting the provisions of Senate Bill No. 100, S.D. 1, which change this measure as follows:

     (1)  Allows the Hawaii Teacher Standards Board, in accordance with chapter 92, Hawaii Revised Statutes to:

          (A)  Temporarily suspend its rules; and

          (B)  Amend licensing related fees and set or amend other charges related to the performance of its duties; and

     (2)  Changes the effective date to July 1, 2050, with a repeal date of July 1, 2009, to facilitate further discussion on the measure.

     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. 18, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 18, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

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

____________________________

NORMAN SAKAMOTO, Chair