STAND. COM. REP. 556

Honolulu, Hawaii

, 2003

RE: H.B. No. 641

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 641, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this bill is to clarify laws relating to criminal history record checks. Specifically, this bill:

(1) Establishes rules applicable to the State, its political subdivisions, or agencies regarding the procurement of criminal history record checks;

(2) Establishes standard language regarding criminal history record checks and background checks to eliminate inconsistencies and duplicative language authorizing criminal history record checks for purposes of employment, background checks, certification, and licensing of individuals;

(3) Eliminates inconsistencies in individual program statutes through application of this standard language; and

(4) Amends numerous sections of the Hawaii Revised Statutes to conform to this standard language.

The Departments of Human Services and Human Resources Development, the Hawaii Civil Rights Commission, the Police Department of the City and County of Honolulu, and the Hawaii Association of Independent Schools testified in support of the measure. The State Department of Public Safety, Department of Attorney General, Department of Education, Kokua Council, and the Chamber of Commerce of Hawaii testified in support of the intent of the bill and offered amendments. The Community Associations of Hawaii testified about its concerns.

Upon further consideration, your Committee has amended the bill to:

(1) Clarify that certain employers are exempt from the 10-year look back limitation period to consider the criminal history of prospective employees in section 378-2.5(d), Hawaii Revised Statutes;

(2) Add the phrase "may refuse to employ" to section 302A-4(b), Hawaii Revised Statutes, to confirm that the Department of Education has the option to refuse to employ prospective employees whose criminal history indicate the lack of suitability for working in close proximity with children; and

(3) Make other technical, nonsubstantive amendments for style and clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No.

641, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 641, H.D. 2.

 

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

 

____________________________

ERIC G. HAMAKAWA, Chair