CONFERENCE COMMITTEE REPORT NO.48

                            Honolulu, Hawaii
                                            , 2000

                            RE:   H.B. No. 2098
                                  H.D. 2
                                  S.D. 1
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 2098, H.D. 2, S.D. 1, entitled:

    "A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY,"

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to:

     (1) Require the Department of Health to conduct criminal
         history record checks for employees, applicants,
         providers, and subcontractors in positions which
         necessitate direct contact with clients when providing
         non-witnessed direct medical, mental health, or
         substance abuse services;

     (2) Request the Legislative Reference Bureau to conduct a
         comprehensive study on criminal history checks; and

 
 
 
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     (3) Require the Board of Education to create and implement
         rules on conducting a sex offender registration check on
         individuals who volunteer with the schools.

     Your Committee on Conference has amended this bill by:

     (1) Requiring the Department of Health to develop procedures
         for obtaining verifiable criminal history information of
         only those persons seeking employment, or seeking to
         serve as providers or subcontractors in positions that
         place them in direct contact with clients;

     (2) Deleting references to medical and substance abuse
         treatment services;

     (3) Allowing the Hawaii Criminal Justice Data Center to
         assess providers, subcontractors, and private schools a
         reasonable fee for criminal history record checks;

     (4) Deleting references to employer or prospective employer
         and substituting the Department of Health;

     (5) Deleting the provisions requesting the Legislative
         Reference Bureau to conduct a study on criminal history
         checks;

     (6) Deleting the provisions requiring the Board of Education
         to create and implement rules on conducting a sex
         offender registration check on individuals who volunteer
         with the schools;

     (7) Requiring private schools to develop procedures for
         background checks;

     (8) Setting a repeal date of June 30, 2001 for Section 1 of
         this bill; and

     (9) Technical, nonsubstantive amendments have been made for
         style and clarity.

     As affirmed by the record of votes of the managers of your
Committee on Conference that is attached to this report, your
Committee on Conference is in accord with the intent and purpose
of H.B. No. 2098, H.D. 2, S.D. 1, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as H.B. No. 2098, H.D. 2, S.D. 1, C.D. 1.
                                   Respectfully submitted on
                                   behalf of the managers:


 
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  ON THE PART OF THE SENATE          ON THE PART OF THE HOUSE
                                   
                                   
                                   
                                   
______________________________     ______________________________
DAVID Y. IGE, Co-Chair             KEN ITO, Co-Chair
                                   
                                   
                                   
                                   
______________________________     ______________________________
AVERY B. CHUMBLEY, Co-Chair        SCOTT K. SAIKI, Co-Chair
                                   
                                   
                                   
                                   
______________________________     ______________________________
NORMAN SAKAMOTO, Co-Chair          SYLVIA J. LUKE, Co-Chair