STAND. COM. REP. NO.  205

Honolulu, Hawaii

                , 2009

RE:   H.B. No. 31

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Labor & Public Employment, to which was referred H.B. No. 31 entitled:

"A BILL FOR AN ACT RELATING TO EMPLOYMENT PRACTICES,"

begs leave to report as follows:

     The purpose of this bill is to protect individuals from discriminatory employment practices by making it unlawful for an employer to refuse to hire or employ, or to bar or discharge from employment, or otherwise discriminate against any individual because of an individual's credit history or credit report.

     The Hawaii Teamsters Local 996 and ILWU Local 142 testified in support of this bill.  The Consumer Data Industry Association and Hawaii Bankers Association testified in opposition to this measure.  The Honolulu Police Department and Hawaii Civil Rights Commission submitted comments.

     Your Committee supports the workers' right to confidentiality of their credit history or record.  However, your Committee recognizes that there may be limited instances where an employer may require the information in a credit report or history.  This bill provides the balance between workers' rights and employers' needs by limiting the use of the information to situations that directly relate to an individual's bona fide occupational qualification.

     As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 31 and recommends that it pass Second Reading and be referred to the Committees on Consumer Protection & Commerce and Judiciary.

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

____________________________

KARL RHOADS, Chair