STAND. COM. REP. NO.  1267

Honolulu, Hawaii

                , 2007

RE:   S.B. No. 1184

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Human Services & Housing, to which was referred S.B. No. 1184, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO ADULT PROTECTION,"

begs leave to report as follows:

     The purpose of this bill is to protect certain "vulnerable adults" from abuse and financial and economic exploitation by strengthening and clarifying the laws on adult protective services.

     The Healthcare Association of Hawaii (HAH), Catholic Charities Hawaii, Hawaii Chapter of the National Association of Social Workers, AARP Hawaii, Kokua Council, Disability and Communication Access Board, and several concerned individuals testified in support of this bill.  The Christian Science Committee on Publication for Hawaii offered amendments.  The Department of Human Services (DHS) opposed this bill.

     Your Committee recognizes that abuse and economic and financial exploitation are rising especially among those who are unable to protect themselves.

     DHS noted that the anticipated costs of this measure will be $1,944,968 for staff salaries and $596,725 for other start-up costs for the six months prior to the effective date of the bill, and $3,889,935 for staff salaries and $543,399 for contracted services and other direct service costs for fiscal year 2008-2009 and every year thereafter.

     HAH suggested that the government agency reporting requirement for the adult protection law could be streamlined by creating one report, instead of three.  Your Committee agrees with this recommendation and strongly urges the appropriate agencies to collaborate and develop a single reporting form prior to the convening of the Regular Session of 2008.

     Your Committee has amended this bill by:

     (1)  Exempting religious or spiritual practices of the vulnerable adult as a sole basis for abuse;

     (2)  Exempting confidential clergy communications from the reporting requirements of abuse; and

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

     As affirmed by the record of votes of the members of your Committee on Human Services & Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1184, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1184, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Human Services & Housing,

____________________________

MAILE SHIMABUKURO, Chair