STAND. COM. REP. NO.701-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2496

H.D. 1




Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2496 entitled:


begs leave to report as follows:

The purpose of this bill is to:

    1. Provide that a person who cares for one or two unrelated children is exempt from child care licensing and registration requirements; and

(2) Allow the Department of Human Services (DHS) to:

    1. Investigate child care providers who allegedly are caring for more than two unrelated children without a child care license; and
    2. Seek and obtain a warrant in district court for its investigation, if necessary.

Your Committee received testimony in support of the bill from DHS. DHS testified that a previous amendment to the statutory definition of childcare facility had inadvertently failed to clarify that the definition did not apply to persons caring for two or fewer unrelated children. Also, DHS testified that it can better address complaints of illegal child care if it is authorized to investigate the number of children and hours of care provided by caregivers, and, when necessary, obtain a warrant for this purpose.

Your Committee amended the bill to clarify that the warrant that DHS may obtain from district court is a search warrant, and that the search warrant is to be directed to DHS and the appropriate county police department.

Your Committee also made technical, nonsubstantive amendments to the bill for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2496, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2496, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,