STAND. COM. REP. NO. 896

Honolulu, Hawaii

RE:    S.B. No. 96

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.B. No. 96, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF EDUCATION,"

begs leave to report as follows:

     The purpose of this measure is to protect our children in public schools by expanding the category of individuals subject to a criminal history record check by the Department of Education as a condition of employment.

     Specifically, this measure requires the Department of Education to conduct criminal history records checks on individuals who are seeking to serve as providers, subcontractors, or trainees from an institution of higher education in positions that places those individuals in close proximity to children.  In addition, the bill authorizes the Department of Education to pass on the cost of a criminal history record check to those individuals who are subject to such checks as a condition of employment.  Finally, the measure appropriates funds to the Department of Education for costs incurred in conducting criminal history record checks.

     The Department of Education and the University of Hawaii College of Education submitted comments on the measure.

     Your Committee finds that our children need to be provided with a safe and secure environment when they are at school for optimum learning conditions.  While current law already requires that a number of Department of Education employees are subject to a criminal history record check as a condition of employment, this measure addresses additional categories of individuals who are seeking positions that place them in close proximity to students to add a new level of safety and security to our children's learning environment.

     Upon further consideration, your Committee has amended this measure by:

     (1)  Amending the definitions of "provider," "subcontractor," and "trainee from an institution of higher education" to clarify who is intended to be subject to a criminal history record check as a condition of employment;

     (2)  Changing the sum appropriated to an unspecified amount to facilitate further discussion on the issue; and

     (3)  Making technical nonsubstantive changes for the purposes of clarity and style.

     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. 96, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 96, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

ROSALYN H. BAKER, Chair