CONFERENCE COMMITTEE REP. NO.62-06
Honolulu, Hawaii
, 2006
RE: H.B. No. 2367
H.D. 1
S.D. 1
C.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2006
State of Hawaii
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2006
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2367, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS FOR SERVICE PROVIDERS OF THE OFFICE OF YOUTH SERVICES,"
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 protect Hawaii's children by:
(1) Requiring employees, prospective employees, and volunteers who seek employment with contracted providers or subcontractors of the Office of Youth Services (OYS) of the Department of Human Services, which would place them in close proximity to youth, to be subject to criminal history record checks;
(2) Requiring OYS to develop a system for obtaining verifiable information for the criminal history records;
(3) Allowing OYS to require a contracted provider or subcontractor to refuse employment to an applicant, terminate an employee, or terminate the services of a volunteer under certain circumstances; and
(4) Exempting OYS from section 831-3.1, Hawaii Revised Statutes (HRS), which controls the government's use of prior convictions to make employment decisions, and from the administrative procedures of Chapter 91, HRS, when conducting its investigation, notifications, or hearings on criminal history record checks.
Your Committee on Conference has amended this measure by:
(1) Clarifying that all volunteers, rather than just volunteers who are seeking employment, with contracted providers or subcontractors in positions that place them in close proximity to youth when providing services on behalf of OYS shall be required to agree to criminal history record checks; and
(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.
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 H.B. No. 2367, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2367, H.D. 1, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
ON THE PART OF THE HOUSE |
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____________________________ SUZANNE CHUN OAKLAND, Chair |
____________________________ KIRK CALDWELL, Co-Chair |
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____________________________ COLLEEN HANABUSA, Co-Chair |
____________________________ ALEX M. SONSON, Co-Chair |
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____________________________ SYLVIA LUKE, Co-Chair |
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