STAND. COM. REP. NO. 734

Honolulu, Hawaii

RE:    S.B. No. 748

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committees on Commerce, Consumer Protection, and Health and Ways and Means, to which was referred S.B. No. 748 entitled:

"A BILL FOR AN ACT RELATING TO CHILD CARE FACILITIES,"

beg leave to report as follows:

     The purpose and intent of this measure is to increase the availability of child care facility inspection information by requiring the Department of Human Services to post its inspection records of child care facilities on a public website and submit an annual report to the Legislature of certain information from inspection records related to child care facilities.

     Your Committees received testimony in support of this measure from the Hawaii Children's Action Network and fifty-nine individuals.  Your Committees received comments on this measure from the Department of Human Services and one individual.

     Your Committees find that safe child care should be a priority for the State because child care is a necessity for many local families.  Through the Department of Human Services, the State regulates and inspects child care facilities to ensure that all children are safe and healthy.  Requiring the Department of Human Services to post its inspection records of child care facilities on its website may help bring assurance to families who are seeking or using child care services from these facilities.

     Your Committees recognize that it is important for state law to conform with federal requirements that only require the public posting of substantiated complaints in which the State has found violations of regulatory requirements.  According to the Department of Human Services, limiting postings only to substantiated complaints will also allow the public easier and faster access to critical information without having to sort through unsubstantiated reports.  In addition, your Committees note that the Department of Human Services may need additional resources in order to successfully comply with the posting and reporting requirements of this measure.

     Accordingly, your Committees have amended this measure by:

     (1)  Inserting language to conform with federal law by mandating the Department of Human Services to post its inspection records of child care facilities on a public website if the record involves a substantiated complaint;

     (2)  Inserting a blank appropriation to the Department of Human Services for the Department to post its inspection records of child care facilities on a public website and submit an annual report to the Legislature with information from child care facility inspection records; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection, and Health and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 748, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 748, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Commerce, Consumer Protection, and Health and Ways and Means,

________________________________ JILL N. TOKUDA, Chair

________________________________ ROSALYN H. BAKER, Chair