STAND. COM. REP. NO. 1198-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2056

S.D. 1

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2056, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE AUDITOR,"

begs leave to report as follows:

The purpose of this bill is to grant the Office of the Auditor (Auditor):

(1) The power and authority to serve as an "authorized representative" of the Department of Education (DOE), Department of Health (DOH), a state educational authority, or a state educational official; and

(2) Access to records that may be necessary for an audit or evaluation of, or for enforcement of legal requirements related to, any federal or state-supported educational program.

The Auditor testified in support of this measure. The Department of the Attorney General, DOE, and DOH opposed this measure.

 

Your Committee finds that access to records, including records that may contain confidential material, is important for the Auditor to review concerns surrounding the provision of mental health services to Felix class students.

Your Committee has amended this bill by:

(1) Explicitly limiting the scope of the Auditor's capacity as an authorized representative of the DOE, DOH, a state educational authority, or a state educational official, to the review of the provision of mental health services to public schools pursuant to the Felix-Cayetano consent decree; and

(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2056, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2056, S.D. 1, H.D. 2.

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

 

____________________________

ERIC G. HAMAKAWA, Chair