STAND. COM. REP. NO. 2847

Honolulu, Hawaii

RE:    H.B. No. 1765

       H.D. 2

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committees on Public Safety, Government Operations, and Military Affairs and Human Services, to which was referred H.B. No. 1765, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS FOR COUNTY EMPLOYEES,"

beg leave to report as follows:

     The purpose and intent of this measure is to allow the conducting of criminal history checks by county liquor commissions on prospective liquor commission employees, and by counties on employees working with vulnerable adults or seniors; employees for fire and emergency medical services; and emergency management employees.

     Your Committees received testimony in support of this measure from the Department of Labor and Industrial Relations, the Department of Human Resources of the City and County of Honolulu, the Department of Fire and Public Safety of the County of Maui, and the Hawai‘i Civil Rights Commission.

     Your Committees find that with the elimination of residency requirements and the current influx of out-of-state individuals applying for civil service jobs in Hawaii, the counties do not have an effective means of conducting a thorough background check, including reviewing prospective employees' convictions that occurred outside of the State.

     Your Committees note the concern of opponents to similar measures that this measure will result in overly broad exceptions to the requirements and limitations imposed on employer inquiries into and consideration of records of conviction under section 378‑2.5(b) and (c), Hawaii Revised Statutes.  However, your Committees conclude that this measure allows county agencies to conduct criminal history record checks on prospective employees without eroding arrest and court record protections.

     Your Committees have amended this measure by changing the effective date to upon approval.

     As affirmed by the records of votes of the members of your Committees on Public Safety, Government Operations, and Military Affairs and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1765, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1765, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committees on Public Safety, Government Operations, and Military Affairs and Human Services,

____________________________ SUZANNE CHUN OAKLAND, Chair

____________________________ WILL ESPERO, Chair