STAND. COM. REP. NO. 751

Honolulu, Hawaii

RE: S.B. No. 1050

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1050 entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to authorize the Department of the Attorney General to search criminal histories and fingerprint records of current and prospective employees and contractors who receive access to federal tax information.

Your Committee received testimony in support of this measure from the Department of Taxation, Department of the Attorney General, and Department of Human Resources Development.

Your Committee finds that the Internal Revenue Service requires that background checks be performed on all current and prospective employees and contractors who receive access to federal tax information. The background checks must be comprehensive and must include a state and Federal Bureau of Investigation fingerprint-based background check. Your Committee further finds that the Department of the Attorney General does not currently have the authority to perform criminal history and fingerprint record searches to fulfill this requirement from the Internal Revenue Service. This measure will authorize the Department of the Attorney General to conduct the investigations necessary to meet that requirement.

Your Committee has amended this measure by:

(1) Removing the exemption from chapter 91, Hawaii Revised Statutes, for criminal history record check investigations performed by the Department of the Attorney General; and

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

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1050, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1050, S.D. 1, and be placed on the calendar for Third Reading.

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

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KARL RHOADS, Chair