STAND. COM. REP. NO.  1273


Honolulu, Hawaii

                , 2007


RE:   S.B. No. 96

      S.D. 3





Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii




     Your Committees on Education and Labor & Public Employment, to which was referred S.B. No. 96, S.D. 3, entitled:




beg leave to report as follows:


     The purpose of this bill is to ensure the safety and welfare of children enrolled in the public school system and users of the public library system by:


     (1)  Providing for a program of controlled substance testing based on reasonable suspicion of Department of Education (DOE) employees, including teacher trainees and Hawaii State Public Library System employees, who work in close proximity to children, as follows:


          (A)  Requiring DOE to develop procedures for controlled substance testing;


          (B)  Requiring the employer to place employees who refuse the test on administrative leave for 30 days;


          (C)  Authorizing the employer to impose certain sanctions on employees whose test results are positive and who, as a result of their use of controlled substances, negatively influence children; and

          (D)  Requiring DOE to provide for substance abuse assessment, treatment, and counseling, and referral to the employee assistance program, if DOE retains an employee whose test results are positive;


     (2)  Expanding the category of individuals subject to criminal history record checks as a condition of DOE employment by authorizing DOE to conduct criminal history record checks on any employee, provider, subcontractor, or trainee from an institution of higher education who enters or intends to enter into a contract with or is currently contracted by DOE to provide services in close proximity to children;


     (3)  Authorizing DOE to pass on the cost of a criminal

          history record check to the individuals subject to the

          checks; and


     (4)  Appropriating funds to DOE for the costs of conducting

          criminal history record checks.


     DOE and the University of Hawaii supported the intent of this bill.  The American Civil Liberties Union of Hawaii, Drug Policy Action Group, and Drug Policy Forum of Hawaii opposed this measure.  The Governor's Policy Office, Hawaii Association of Independent Schools, and Hawaii State Teachers Association offered comments.


     As affirmed by the records of votes of the members of your Committees on Education and Labor & Public Employment that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 96, S.D. 3, and recommend that it pass Second Reading and be referred to the Committee on Judiciary.



Respectfully submitted on behalf of the members of the Committees on Education and Labor & Public Employment,