STAND. COM. REP. NO. 633

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 21

       S.D. 2

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 21, S.D. 1, entitled:

 

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

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to increase the monetary penalties and establish criminal penalties for violating the laws relating to child care facilities.

 

     Your Committee received testimony in support of this measure from the Hawaii Children's Action Network and seventy-six individuals.  Your Committee received comments on this measure from the Department of Human Services.

 

     Your Committee finds that because many parents must work full-time, infant child care is a necessity for many local families.  Through the Department of Human Services, the State regulates and inspects these child care facilities to ensure that all children are safe and healthy.  By increasing the fines and establishing criminal penalties for child care facility providers who violate state laws relating to child care facilities, this measure will help to encourage an upkeep of best practices and allow opportunities for legal recourse for parents whose children are not properly cared for.

 

     Your Committee has amended this measure by:

 

     (1)  Reinstating the monetary penalties for any violation of chapter 346, Hawaii Revised Statutes, or any rule adopted pursuant thereto;

 

     (2)  Specifying that the increased monetary penalties apply to any violation of part VIII of chapter 346, Hawaii Revised Statutes, relating to child care facilities, or any rule adopted pursuant thereto;

 

     (3)  Replacing the criminal penalty for violating child care facility laws with language that authorizes the Department of Human Services to refer to the Attorney General or respective county prosecutor any intentional, knowing, or reckless violation of the laws and health and safety rules relating to child care facilities or certain criminal offenses;

 

     (4)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

 

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

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 21, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 21, S.D. 2.

 

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

 

 

 

________________________________

GILBERT S.C. KEITH-AGARAN, Chair