STAND. COM. REP. NO. 543-24

Honolulu, Hawaii

, 2024

RE: H.B. No. 2444

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 2444, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to authorize the Department of Health to conduct criminal history record checks on applicants for permits to process hemp biomass or prepare a manufactured hemp product.

Your Committee received testimony in support of this measure from the Department of Health and Department of Agriculture.

Your Committee finds that Act 14, Session Laws of Hawaii 2020 (Act 14), reformed the regulation of hemp in the State following the promulgation of new regulations by the United States Department of Agriculture. Act 263, Session Laws of Hawaii 2023 (Act 263), further amended the regulatory framework established by Act 14. Following the amendments made by Act 263, an applicant for a hemp processor permit must either possess a valid United States Department of Agriculture hemp license that required fingerprinting and a federal background check or consent to fingerprinting and a criminal history record check to be conducted by the Hawaii Criminal Justice Data Center. This measure implements the statutory authority for the Department of Health to conduct the criminal history record check.

Your Committee notes that federal law requires the Federal Bureau of Investigation's Criminal Justice Information Law Unit to review and approve any proposed statutory language before a state agency is allowed access to the federal criminal history database. Your Committee also notes that the Department of Health has requested an expedited federal review of the statutory language proposed by this measure.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2444, H.D. 1, and recommends that it be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

MARK M. NAKASHIMA, Chair