STAND. COM. REP. NO. 1168

Honolulu, Hawaii

RE:    H.B. No. 1009

       H.D. 2

       S.D. 2

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred H.B. No. 1009, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FINGERPRINT RETENTION BY HAWAII CRIMINAL JUSTICE DATA CENTER,"

begs leave to report as follows:

     The purpose and intent of this measure is to require the Hawaii Criminal Justice Data Center to indefinitely retain fingerprints and records relating to fingerprints of employment and licensing applicants for whom criminal history record checks are required by law.

     Your Committee received written comments in support of this measure from the Department of the Attorney General; Patricia McManaman, Director, Department of Human Services; and Noel T. Ono, Director, Department of Human Services, City and County of Honolulu.

     Your Committee finds that requiring the Hawaii Criminal Justice Data Center to indefinitely retain fingerprints will allow the State to implement a statewide Rap Back program, which is a new Federal Bureau of Investigation program that would allow employers to request notification if applicants are arrested in the future.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 2011; and

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1009, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1009, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DAVID Y. IGE, Chair