Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 474, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to improve the ability of the Auditor to access records in the Department of Education and the Department of Health.

The bill accomplishes this by designating the Auditor as an authorized representative of the Departments of Education and Health for purposes of accessing student records to assist it in its official duties in any audit or enforcement procedure in connection with any federal or state supported educational program.

This measure also requires the Office of the Auditor to train its employees in matters of courtesy and confidentiality protocols.

Your Committee finds that while the Auditor's office has been tasked with investigating the State's compliance with the Felix consent decree, on occasion on the advice of the Attorney General, it has been prevented access to records in the Departments of Education and Health. This bill will make the Auditor's office an authorized representative of the Departments of Education and Health to assure it access to records necessary for it to accomplish its duties.

Upon further consideration, your Committee has amended this measure by replacing it with the version of this measure as originally introduced. As amended, your Committee has deleted the second section added to chapter 23, Hawaii Revised Statutes, by section 1 of the bill, that required the Office of the Auditor to develop and train its employees in both courtesy and confidentiality protocols.

Your Committee finds that the Department of Education and the Auditor should work together to develop protocols for the Auditor's staff when visiting school campuses or entering other Department of Education offices or facilities on Auditor business.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 474, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 474, S.D. 2.