CONFERENCE COMMITTEE REP

CONFERENCE COMMITTEE REP. 68

Honolulu, Hawaii

, 2003

RE: S.B. No. 830

S.D. 1

H.D. 3

C.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 830, S.D. 1, H.D. 3, entitled:

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

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 implement the recommendations of the Criminal History Record Check Working Group (Working Group) that was established by Act 263, Session Laws of Hawaii 2001, and extends the Working Group to 2005, to review and analyze all issues related to the use of criminal history record information for employment, licensing, and other matters.

Your Committee finds that the Working Group's recommendation of requiring criminal history record checks for applicants who may have contact with vulnerable populations such as children and dependent adults, or with persons in correctional facilities, is necessary to ensure the health, safety, and welfare of the public. Conversely, this requirement is not intended to interfere with the collective bargaining rights of an employee whose current employment may be called into question if the employee applies for a new position requiring a criminal history record check and is denied employment because of a previous conviction. Therefore, you Committee amended the bill by:

(1) Deleting the phrase "[a]ny termination of employment shall be subject to the employee's rights under collective bargaining" on page 6, line 22 – page 7, line 2, and inserting a paragraph (3) and the phrase "[n]othing in this section shall abrogate an employee's rights under collective bargaining to appeal a termination of employment";

(2) Adding the phrase "[n]othing in this subsection shall abrogate any applicable appeal rights under chapters 76 or 89, or administrative regulation of the department of education" at the end of §302A-A(b), Hawaii Revised Statutes (HRS), on page 11, line 7;

(3) Adding the phrase "[n]othing in this subsection shall abrogate any applicable appeal rights under chapters 76 or 89" at the end of §321- (c), HRS, on page 15, line 22; and

(4) Adding the phrase "[n]othing in this subsection shall abrogate any applicable appeal rights under chapters 76 or 89" at the end of §831-3.1(a)(2), HRS, on page 54, line 14.

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 S.B. No. 830, S.D. 1, H.D. 3, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 830, S.D. 1, H.D. 3, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ MARCUS R. OSHIRO, Co-Chair		____________________________ COLLEEN HANABUSA, Chair
____________________________ ERIC G. HAMAKAWA, Co-Chair
____________________________ MAILE S.L. SHIMABUKURO, Co-Chair