STAND. COM. REP. NO. 2863

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2098
                                        H.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Education and Technology, to which was
referred H.B. No. 2098, H.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY,"

begs leave to report as follows:

     The purpose of this measure is to require private schools,
in cooperation with the Hawaii Criminal Justice Data Center, to
conduct criminal history verifications of employment applicants
to positions involving close proximity with children.

     Testimony in support of the measure was received from the
Attorney General, Sex Abuse Treatment Center-Kapi'olani Medical
Center for Women and Children, Hawaii Association of Independent
Schools, and one individual.

     Your Committee finds that in 1999, the Legislature, through
Act 73, made national and state criminal history checks conducted
by the Department of Education on potential employees mandatory
rather than discretionary.  At that time, however, due to new
federal guidelines, the Federal Bureau of Investigations files
could only be accessed through a government agency, thereby
precluding access by private schools.  Accordingly, Act 73,
continued the discretionary status for criminal history check by
private schools.  In the meantime, the Attorney General has been
working with the Hawaii Association of Independent Schools (HAIS)
to develop a procedure that would allow private schools to obtain
information from national background checks through the Hawaii
Criminal Justice Data Center (HCJDC).  This procedure, which is

 
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incorporated in this measure, enables the private schools to
comply with the same mandatory requirement for criminal history
checks that is imposed on the public schools.

     Your Committee further finds that the HAIS estimates that
private schools would be conducting about 200 to 300 background
checks annually.  Based on this estimate, the impact on the
resources of the HCJDC would be minimal.  Any appreciable
increase in requests from the HAIS, however, would require re-
evaluation by the Attorney General to ensure that the HCJDC is
able to provide information to all its clients in a timely
manner.

     Finally, your Committee notes that concerns were raised
regarding the potential conflict that may arise in the event that
this measure is enacted and the federal government still denies
access to such information by private schools who are mandated to
conduct the checks.  If such a conflict occurs, your Committee
prevails upon the Attorney General to again work with the HAIS to
find a solution.

     As affirmed by the record of votes of the members of your
Committee on Education and Technology that is attached to this
report, your Committee is in accord with the intent and purpose
of H.B. No. 2098, H.D. 2, and recommends that it pass Second
Reading and be referred to the Committee on Judiciary.

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



                                   ______________________________
                                   DAVID Y. IGE, Chair


 
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