STAND. COM. REP. NO. 987

Honolulu, Hawaii

RE:    H.B. No. 179

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Education and Housing, to which was referred H.B. No. 179 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to amend two sections of the Hawaii Revised Statutes to reflect the transfer of responsibility for school facilities repair and maintenance from the Department of Accounting and General Services to the Department of Education, pursuant to Act 51, Session Laws of Hawaii 2004.

     Testimony in support of this measure was submitted by one state agency.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

     Your Committee finds that the responsibility for construction and the repair and maintenance of facilities was transferred from the Department of Accounting and General Services to the Department of Education, effective July 1, 2005, pursuant to the requirements of Act 51, Session Laws of Hawaii 2004, and that the two sections in this measure were missed in the transfer.

     Your Committee has heard from the Department of Education that, upon further consideration, both sections are unnecessary and should be repealed rather than amended.  Repeal will not affect the Department of Education's current practices or prevent the Department from charging schools for electricity and maintenance of school-installed air conditioning, or requiring schools to maintain donated equipment and fixtures.

     Your Committee has amended this measure accordingly, by:

     (1)  Repealing subsections 302A-1501(b) and 302A-1503(b), Hawaii Revised Statutes; and

     (2)  Making technical amendments to reflect these changes.

     As affirmed by the record of votes of the members of your Committee on Education and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 179, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 179, 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 and Housing,

____________________________

NORMAN SAKAMOTO, Chair