57
HOUSE OF REPRESENTATIVES             H.C.R. NO.            
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE  CONCURRENT
                        RESOLUTION
  REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY
    CONCERNING CRIMINAL HISTORY RECORD CHECKS.



 1        WHEREAS, Hawaii state laws relating to criminal history
 2   record checks have been enacted piecemeal and lack consistency;
 3   and
 4   
 5        WHEREAS, section 378-2, Hawaii Revised Statutes, prohibits
 6   discriminatory employment practices on the basis of a person's
 7   arrest and court record; and
 8   
 9        WHEREAS, section 378-2.5, Hawaii Revised Statutes, permits
10   an employer limited inquiry into and consideration of criminal
11   conviction information, if it bears a rational relationship to
12   the duties and responsibilities of a position for which a
13   conditional offer of employment has been made; and
14   
15        WHEREAS, various exceptions presently exist in the law to
16   permit criminal history record checks in select instances,
17   including but not limited to:  employees in public and private
18   schools; operators and employees in child caring institutions
19   or foster homes and adult foster homes; correctional or
20   detention facilities; private investigators and guards; and
21   condominium employees; and
22   
23        WHEREAS, a number of bills introduced during the regular
24   session of 2000 attempt to carve out additional exceptions for
25   criminal history record checks; and
26   
27        WHEREAS, rather than continuing to impose requirements in
28   a piecemeal fashion, it is time for a comprehensive review of
29   the issue of criminal history record checks; now, therefore,
30   
31        BE IT RESOLVED by the House of Representatives of the
32   Twentieth Legislature of the State of Hawaii, Regular Session
33   of 2000, the Senate concurring, that the Legislative Reference
34   Bureau is requested to conduct a study concerning criminal
35   history record checks; and
36   

 
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                                  H.C.R. NO.            
                                                        
                                                        

 1        BE IT FURTHER RESOLVED that the Legislative Reference
 2   Bureau is requested to include:
 3   
 4        (1)  A review of the legal ramifications of requiring
 5             criminal history record checks;
 6   
 7        (2)  A summary of existing federal, state, and county
 8             requirements involved with respect to criminal
 9             history record checks;
10   
11        (3)  A review of the manner in which employers may conduct
12             criminal history record checks;
13   
14        (4)  A framework for determining the classes of employees
15             or types of industries that should be subjected to
16             criminal history record checks; and
17   
18        (5)  Recommendations for dealing with the issue of
19             criminal history record checks and proposed
20             legislation, if applicable;
21   
22   and
23   
24        BE IT FURTHER RESOLVED that the Attorney General is
25   requested to provide assistance and cooperation to the
26   Legislative Reference Bureau upon request; and
27   
28        BE IT FURTHER RESOLVED that the Legislative Reference
29   Bureau is requested to submit a report of its study to the
30   Legislature no later than twenty days before the convening of
31   the Regular Session of 2001; and
32   
33        BE IT FURTHER RESOLVED that certified copies of this
34   Concurrent Resolution be transmitted to the Acting Director of
35   the Legislative Reference Bureau and the Attorney General.
36   
37 
38 
39 
40                         OFFERED BY:  ____________________________