Honolulu, Hawaii

, 2021


RE: S.B. No. 808

S.D. 2

H.D. 1





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii




Your Committee on Finance, to which was referred S.B. No. 808, S.D. 2, H.D. 1, entitled:




begs leave to report as follows:


The purpose of this measure is to:


(1) Rename the School Facilities Agency as the School Facilities Authority;


(2) Clarify the powers and responsibilities of the School Facilities Authority, Authority's Executive Director and administrative staff, and School Facilities Board;


(3) Clarify the membership of the School Facilities Board;


(4) Amend the law pertaining to the deposit of monies into the School Facilities Special Fund;


(5) Change the deadline for the School Facilities Authority to submit its report to the Legislature pursuant to Act 72, Session Laws of Hawaii 2020, to twenty days prior to the convening of the Regular Session of 2022;


(6) Amend Act 210, Session Laws of Hawaii 2018, to require the City and County of Honolulu to convey to the School Facilities Authority fee simple interest in certain properties not previously conveyed to the Department of Education;


(7) Authorize the School Facilities Authority to retain private attorneys to provide certain legal services;


(8) Exempt the Executive Director of the School Facilities Authority and the Authority's full-time staff from civil service requirements;


(9) Subject to the statutory restriction on the sale or gift of lands without legislative approval lands to which the School Facilities Authority holds title;


(10) Clarify the definition of the term "school facilities" as the term relates to school impact fees;


(11) Transfer the total balance of the State Educational Facilities Improvement Fund to the School Facilities Special Fund by an unspecified date; and


(12) Appropriate monies into and out of the School Facilities Special Fund.


Your Committee received testimony in support of this measure from the Democratic Party of Hawaii and one individual. Your Committee received testimony in opposition to this measure from the Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO. Your Committee received comments on this measure from the Office of Hawaiian Affairs, Department of the Attorney General, Department of Transportation, Department of Education, State Procurement Office, and General Contractors Association of Hawaii.


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. 808, S.D. 2, H.D. 1, and recommends that it pass Third Reading.



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