Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Labor, to which was referred S.B. No. 2194 entitled:

begs leave to report as follows:

The purpose of this measure is to require background checks on applicants for employment as security guards, resident managers, or positions that have or are provided access to keys for entry into units or to funds of a condominium association.

This measure also requires the board of the condominium association to verify the criminal history disclosure made by an applicant for the foregoing positions and specifies that personal information obtained from the applicant will only be used for purposes of conducting the background check.

Testimony in support of this measure was submitted by the Hawaii Council of Associations of Apartment Owners and one individual.

Your Committee finds that a condominium development provides its owners and residents with a multitude of benefits through the combined resources and united efforts of the condominium association and its members. The nature of a condominium development can result in both added and diminished security to its owners and residents. Owners and residents are vulnerable to the hiring of individuals with questionable histories who may obtain access to their units and common areas. Although the law currently provides a condominium association the authority to conduct background checks on key individuals seeking employment with the association, the safety and security of owners and residents within a condominium development necessitates the establishment of stronger protective measures. Therefore, your Committee determines that a condominium association should be required to conduct background checks on applicants for employment with a condominium association as resident managers, security guards, and in positions that have or are provided access to condominium units or association funds.

As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2194 and recommends that it pass Second Reading and be referred to the Committee on Commerce, Consumer Protection, and Housing.