STAND. COM. REP. NO. 2224

Honolulu, Hawaii

, 2002

RE: S.B. No. 2057

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Education, to which was referred S.B. No. 2057 entitled:

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

begs leave to report as follows:

The purpose of this measure is to exempt temporary public school facilities from state and county laws that exceed the requirements of the Americans with Disabilities Act (ADA) of 1990.

Testimony in support of this measure was received from the Department of Education and Department of Accounting and General Services (DAGS). Testimony in opposition was received from the Disability and Communication Access Board and a private citizen.

According to DAGS, temporary public school facilities comply with the ADA Guidelines and are reviewed for compliance. Additional requirements that exceed ADA Guidelines would in many cases add to the difficulty, time, and cost necessary to construct these temporary facilities. One example would be hurricane-proofing, which requires such extensive strengthening and anchoring as to make a temporary facility for all intents and purposes permanent. Also, many schools have permanent facilities that comply with the ADA Guidelines and serve similar functions for the particular school.

Your Committee has amended this measure by:

(1) Deleting the requirements relating to the existence of other temporary facilities or permanent facilities that comply with the ADA, and to the State waiving all ADA requirements; and

(2) Adding that the exemption also applies to all temporary non-public facilities of public schools, for example, storerooms and offices.

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. 2057, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2057, S.D. 1, and be referred to the Committees on Judiciary and Tourism and Intergovernmental Affairs.

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

____________________________

NORMAN SAKAMOTO, Chair