STAND. COM. REP. 150
Honolulu, Hawaii
, 2003
RE: H.B. No. 641
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Labor and Public Employment, to which was referred H.B. No. 641 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 Department of Human Resources Development, Department of Human Services, Department of the Attorney General, Department of Education, Hawaii Civil Rights Commission, Hawaii Association of Independent Schools, Society for Human Resource Management, and the Chamber of Commerce of Hawaii testified in support of this measure. The Department of Public Safety testified in support of the intent of this measure. The Department of Labor and Industrial Relations offered comments.
Current laws relating to criminal history record checks are often confusing, inconsistent, duplicative, and at times conflicting. Questions of what exactly a criminal history record check consist of, what records are available to the public or employers, and how these records could be used in employment and licensing divisions further complicate the issue.
Act 263, Session Laws of Hawaii, 2001, established a criminal history record check working group that was charged with the task of resolving policy issues relating to criminal history record checks and suggest legislative recommendations. This bill is the product of the working group's efforts.
Your Committee finds that some questions regarding this measure remain but that further discussion of this matter is warranted.
Accordingly, your Committee has amended this bill by making technical, nonsubstantive amendments for purposes of clarity, conformity, and style.
As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 641, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 641, H.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Labor and Public Employment,
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____________________________ MARCUS R. OSHIRO, Chair |
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