STAND. COM. REP. NO.  117-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 2657

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Human Services & Housing, to which was referred H.B. No. 2657 entitled:

"A BILL FOR AN ACT RELATING TO TENANT SCREENING AGENCIES,"

begs leave to report as follows:

     The purpose of this bill is to protect consumers by creating a regulatory process for tenant screening agencies.

     The Office of Hawaiian Affairs and Legal Aid Society of Hawaii testified in support of this bill.  The Hawaii Association of REALTORS supported the intent of this measure.  The Department of Commerce and Consumer Affairs and Hawaii Civil Rights Commission provided comments.

     Your Committee notes that it is not its intent for this legislation to diminish protections under the State's fair housing laws under Chapter 515, Hawaii Revised Statutes (HRS).  Additionally, your Committee intends to request a sunrise analysis by way of a concurrent resolution.

     Your Committee has amended this bill by:

     (1)  Noting that this measure is not meant to authorize inquiries or allow consideration of information prohibited by Chapter 515, HRS, nor is it meant to diminish protections under Chapter 515, HRS;

     (2)  Clarifying the definition of "prospective tenant report" to ensure that only information that can lawfully be considered under fair housing laws is used;

     (3)  Removing language prohibiting the consideration of certain criminal records; and

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Human Services & Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2657, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2657, H.D. 1, and be referred to the Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Human Services & Housing,

____________________________

MAILE SHIMABUKURO, Chair