STAND. COM. REP. NO.  497

Honolulu, Hawaii

                , 2013

RE:   H.B. No. 853

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 853 entitled:

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 1, OF THE HAWAII STATE CONSTITUTION TO PERMIT THE APPROPRIATION OF PUBLIC FUNDS FOR PRIVATE EARLY CHILDHOOD EDUCATION PROGRAMS,"

begs leave to report as follows:

The purpose of this measure is to propose an amendment to the Hawaii State Constitution to permit the appropriation of public funds for private early childhood education programs to assist the State to meet its goal to develop a comprehensive early learning system.

The Governor, Department of the Attorney General, Department of Education, Department of Health, Department of Human Services, Department of Public Safety, Department of the Prosecuting Attorney of the City and County of Honolulu, the Education Division at Chaminade University of Honolulu, Child and Family Service, Good Beginnings Alliance, Harold K. L. Castle Foundation, Hawaii Association for the Education of Young Children, Hawaii Association of Independent Schools, Hawaii Business Roundtable, Hawaii P-20, Kamehameha Schools, Partners In Development Foundation, and three concerned individuals supported this measure.  The Hawaii State Teachers Association opposed this measure.  IMUAlliance, the Teacher Education Coordinating Committee, League of Women Voters Hawaii, and several concerned individuals offered comments on this measure.

     Your Committee notes that the Department of the Attorney General testified that private, sectarian organizations would be required to remove religious material, information, and symbols from their educational facilities, materials, and curricula to qualify to receive public funds.

     Your Committee has amended this measure by deleting the following passage from Section 3, "to help the State meet its goal of providing an early learning system for the children of Hawaii[.]"  The section is amended to read:

Section 3.  The question to be printed on the ballot shall be as follows:

     "Shall the appropriation of public funds be permitted for the support or benefit of private early childhood education programs, as provided by law?"

     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 H.B. No. 853, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 853, H.D. 1.

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

____________________________

KARL RHOADS, Chair