Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 1273
                                     S.D. 2

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Education, to which was referred S.B. No.
1273, S.D. 2, entitled:


begs leave to report as follows:

     The purpose of this bill is to mandate the development of
procedures for obtaining verifiable information regarding the
criminal history of persons who are employed, seeking employment,
or seeking to serve as teacher trainees in any public or private
schools, or who are employed or seeking employment in any county
in positions which place them in close proximity to children.

     In addition, this bill:

     (1)  Requires these persons to provide to their employer or
          prospective employer:  a sworn statement regarding past
          criminal convictions; written consent to perform a
          criminal history record check; and permission to be
          fingerprinted; and

     (2)  Allows an employer or prospective employer to refuse to
          allow or continue to allow permission to serve as a
          teacher trainee, if the trainee poses a risk to the
          health, safety, or well-being of children.

     Your Committee finds that the present law authorizes--but
does not mandate--the development of these procedures.  In
addition, the present law does not apply to persons seeking to
serve as teacher trainees in public or private schools.

                                 STAND. COM. REP. NO. 1142
                                 Page 2

     Your Committee received testimony in support of this bill
from the Department of the Attorney General, the Department of
Education, the Honolulu Police Department, and the Hawaii State
Teachers Association.  Your Committee received comments on this
bill from the University of Hawaii and the Hawaii Association of
Independent Schools.

     Contrary to belief, the present law already applies to
persons employed or seeking employment with a private school or
any county in a position that necessitates close proximity to
children.  The only difference between the present law and this
bill with respect to these persons is that this bill mandates the
development of these procedures while the present law only
authorizes the development of these procedures.

     Your Committee notes, however, that by mandating the
establishment of these procedures for persons employed or seeking
employment with a public or private school or with any county in
a position that necessitates close proximity to children, the
content of this bill may exceed the scope of its title:
"Relating to Criminal History Checks for Teacher Trainees".
Because of the important public safety provisions contained in
this bill and because this bill must still be heard on different
occasions by your Committee on Judiciary and Hawaiian Affairs and
your Committee on Finance, your Committee on Education has
decided to pass this bill out unamended.  In the meantime, your
Committee will be consulting with the Attorney General on the
matter of this bill's title and content and will be searching for
a vehicle bill with an acceptable title, if it becomes necessary
to abandon the current bill at a later date.

     As affirmed by the record of votes of the members of your
Committee on Education that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
1273, S.D. 2, and recommends that it pass Second Reading and be
referred to the Committee on Judiciary and Hawaiian Affairs.

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

                                   KEN ITO, Chair