STAND. COM. REP. NO. 176
Honolulu, Hawaii
, 2005
RE: H.B. No. 280
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on International Affairs, to which was referred H.B. No. 280 entitled:
"A BILL FOR AN ACT RELATING TO INTERNATIONAL MATCHMAKING ORGANIZATIONS,"
begs leave to report as follows:
The purpose of this bill is to protect non-resident, non-citizens being recruited (recruits) by international matchmaking organizations (IMOs) to provide dating, matrimonial, or social referral services to Hawaii residents by, among other things:
(1) Requiring IMOs to notify all recruits that state criminal conviction records and marital history information relating to a Hawaii resident are public documents available to recruits upon request;
(2) Requiring IMOs, upon request by the recruit, to conduct a background check on the Hawaii resident that includes a sworn statement from the Hawaii resident disclosing whether the Hawaii resident has been convicted of a
crime, and the Hawaii resident's complete marital history;
(3) Requiring Hawaii residents to provide international matchmaking organizations with personal identifying information, including name, social security number, date of birth, and gender;
(4) Requiring IMOs to notify the Department of the Attorney General each time:
(A) A recruit requests state criminal conviction records or marital history information on a Hawaii resident; and
(B) A Hawaii resident complies with the disclosure requirements required as a part of the background check;
(5) Establishing that failure by an IMO to comply with the background checks and other requirements governing IMOs constitutes a deceptive trade practice under the Uniform Deceptive Trade Practice Act;
(6) Declaring that a Hawaii resident's failure to disclose information or the disclosure of false information, as required as a part of the background check, constitutes false swearing under the Hawaii Penal Code; and
(7) Clarifying the definition of "Hawaii resident" to mean any person who resides in this state and includes aliens lawfully admitted for permanent residence and residing in Hawaii.
A concerned citizen supported this bill. The Office of
Information Practices (OIP) opposed this measure in part.
Your Committee recognizes the need to strengthen the laws regulating IMOs to prevent abuse and other violence directed at recruits, many of whom are immigrants who are particularly vulnerable due to a lack of a social support network, language barriers, and limited financial resources.
At the same time, your Committee recognizes a flaw in this bill as identified by OIP. As stated by OIP in its testimony:
"H.B. No. 280 will establish a statutory requirement that an individual provide information in which he or she has a significant privacy interest under the Uniform Information Practices Act (Modified), Chapter 92F, Hawaii Revised Statutes ("UIPA"), to a non-governmental entity. It is respectfully submitted that such a requirement is inconsistent with the intent and purpose of the UIPA. The OIP further suggests that, with respect to social security numbers, the bill may be contrary to the federal Privacy Act."
While striving to protect vulnerable immigrants, your Committee must remain cognizant of the importance of protecting the rights of other individuals, including Hawaii residents. In balancing these potentially conflicting legal interests, your Committee defers to the Committee on Judiciary and requests that it address the concerns contained in the testimony of OIP.
As affirmed by the record of votes of the members of your Committee on International Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 280 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on International Affairs,
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____________________________ HELÉNE H. HALE, Chair |
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