STAND. COM. REP. NO. 3471

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.C.R. No. 122
                                        S.D. 1




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

Sir:

     Your Committee on Ways and Means, to which was referred
S.C.R. No. 122, S.D. 1, entitled:

     "SENATE CONCURRENT RESOLUTION REQUESTING THE LEGISLATIVE
     REFERENCE BUREAU TO CONDUCT A STUDY CONCERNING CRIMINAL
     HISTORY RECORD CHECKS,"

begs leave to report as follows:

     The purpose of this concurrent resolution is to request that
the Legislative Reference Bureau conduct a study on criminal
history records checks, including:

     (1)  A review of the legal ramifications of requiring such
          checks;

     (2)  A review of existing federal, state, and county
          requirements; and

     (3)  The feasibility of making Hawaii an open records state,
          which would allow the general public, including
          non-criminal justice agencies, to receive state
          non-conviction information.

     Your Committee finds that statutory provisions dealing with
criminal history records are confusing.  For example, section
378-2, Hawaii Revised Statutes (HRS), prohibits discriminatory
employment practices on the basis of a person's arrest and court

 
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record.  On the other hand, section 378-2.5, HRS, permits an
employer limited inquiry into and consideration of criminal
conviction information, if it bears a rational relationship to
the duties and responsibilities of a position for which a
conditional offer of employment has been made.

     To further complicate matters, various exceptions presently
exist in the law that either permit or mandate criminal history
records checks in select instances, including but not limited to:
employees in public and private schools; operators and employees
in child caring institutions or foster homes and adult foster
homes; correctional or detention facilities; private
investigators and guards; and condominium employees.

     Furthermore, your Committee notes that a number of bills
introduced during the 2000 Regular Session attempt to carve out
additional exceptions for criminal history record checks.  For
example, S.B. No. 2876, S.D. 1, requires the Department of Health
to develop procedures for obtaining verifiable information,
including criminal history record checks, regarding the criminal
history of persons seeking employment with the Department, its
providers, or its subcontractors.  S.B. No. 2098, H.D. 2,
requires private schools, in cooperation with the Hawaii Criminal
Justice Data Center, to conduct criminal history verifications of
employment applicants to positions involving close proximity with
children.

     Although your Committee acknowledges that persons who were
once convicted of an offense and have been rehabilitated deserve
equal access to employment opportunities, your Committee also
recognizes that there are many occupations where an employer
should be made aware of an applicant or employee's criminal
history, especially if the position works closely with vulnerable
populations.  Accordingly, your Committee believes that a
comprehensive review of the issue of criminal record checks is
necessary in order to ensure fair and consistent application,
rather than continuing to impose requirements in a piecemeal
fashion.

     As affirmed by the record of votes of the members of your
Committee on Ways and Means that is attached to this report, your
Committee concurs with the intent and purpose of S.C.R. No. 122,
S.D. 1, and recommends its adoption.


 
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                                 Respectfully submitted on behalf
                                 of the members of the Committee
                                 on Ways and Means,



                                 ________________________________
                                 CAROL FUKUNAGA, Co-Chair



                                 ________________________________
                                 ANDREW LEVIN, Co-Chair

 
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