THE SENATE                           S.C.R. NO.            122
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                    SENATE  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 Senate of the Twentieth Legislature
32   of the State of Hawaii, Regular Session of 2000, the House of
33   Representatives concurring, that the Legislative Reference
34   Bureau is requested to conduct a study concerning criminal
35   history record checks; and
36   
37        BE IT FURTHER RESOLVED that the Legislative Reference
38   Bureau is requested to include:
39   
40        (1)  A review of the legal ramifications of requiring
41             criminal history record checks;
42   

 
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                                  S.C.R. NO.            122
                                                        S.D. 1
                                                        

 
 1        (2)  A summary of existing federal, state, and county
 2             requirements involved with respect to criminal
 3             history record checks;
 4   
 5        (3)  A review of the manner in which employers may conduct
 6             criminal history record checks;
 7   
 8        (4)  A framework for determining the classes of employees
 9             or types of industries that should be subjected to
10             criminal history record checks; 
11   
12        (5)  Recommendations for dealing with the issue of
13             criminal history record checks and proposed
14             legislation, if applicable; and
15   
16        (6)  The feasibility of making Hawaii an open records
17             state, which would allow the general public,
18             including non-criminal justice agences, to receive
19             state non-conviction information;
20   and
21   
22        BE IT FURTHER RESOLVED that the Attorney General is
23   requested to provide assistance and cooperation to the
24   Legislative Reference Bureau upon request; and
25   
26        BE IT FURTHER RESOLVED that the Legislative Reference
27   Bureau is requested to submit a report of its study to the
28   Legislature no later than twenty days before the convening of
29   the Regular Session of 2001; and
30   
31        BE IT FURTHER RESOLVED that certified copies of this
32   Concurrent Resolution be transmitted to the Acting Director of
33   the Legislative Reference Bureau and the Attorney General.
34 
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