CONFERENCE COMMITTEE REP. NO. 34

Honolulu, Hawaii

, 2021

RE: H.B. No. 1253

H.D. 3

S.D. 1

C.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1253, H.D. 3, S.D. 1, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Prohibit an employer, with certain exemptions, from requiring an employee or prospective employee to download to their personal communication device a mobile application that enables the employee's location to be tracked or their personal information to be revealed, as a condition of employment or continued employment;

(2) Prohibit an employer, with certain exemptions, from terminating, discharging, or otherwise discriminating against an employee or prospective employee for refusing to download or refusing to consent to download the mobile application to the employee's personal communication device; or opposing any forbidden practice or filing a complaint, testifying, or assisting in any proceeding concerning an unlawful practice;

(3) Allow a person who alleges a violation to bring a civil action for injunctive relief, actual damages, or both; and

(4) Set fines for violations.

Your Committee on Conference has amended this measure by changing its effective date to upon approval.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1253, H.D. 3, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1253, H.D. 3, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ BRIAN T. TANIGUCHI Chair	____________________________ RICHARD H.K. ONISHI Co-Chair
____________________________ KARL RHOADS Co-Chair	____________________________ LISA KITAGAWA Co-Chair
	____________________________ SCOT Z. MATAYOSHI Co-Chair