STAND. COM. REP. NO. 3226

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 Committee on Judiciary and Labor, to which was referred H.B. No. 1765, H.D. 2, S.D. 1, entitled:

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

begs 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 certain employees and prospective employees, and by counties on prospective employees for work with vulnerable adults or seniors; for fire and emergency medical services positions that involve contact with children or dependent adults; and for emergency management positions and community volunteers whose responsibilities involve vulnerable and disabled citizens.

     Your Committee received testimony in support of this measure from the Hawaii Civil Rights Commission, Department of Human Resources of the City and County of Honolulu, and Office of the County Attorney of the County of Kauai.

     Your Committee finds 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.  This measure allows county agencies to conduct criminal history record checks on certain employees and prospective employees without eroding arrest and court record protections.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1765, H.D. 2, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair