STAND. COM. REP. NO. 788

Honolulu, Hawaii

, 2023

RE: H.B. No. 981

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 981 entitled:

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

begs leave to report as follows:

The purpose of this measure is to authorize a fingerprint‑based criminal history background check by the county police departments of applicants for licenses to sell, offer to sell, distribute, or otherwise transfer electric guns or cartridges.

Your Committee received testimony in support of this measure from the Department of the Attorney General and two individuals. Your Committee received testimony in opposition to this measure from the Honolulu Police Department, Hawaii Firearms Coalition, and numerous individuals.

Your Committee finds that the county police departments currently verify an applicant's Hawaii criminal conviction record through the Hawaii Criminal Justice Data Center. This measure would allow the county police departments to conduct a further search for convictions in other states using the National Crime Information Center.

Your Committee has amended this measure by:

(1) Clarifying the required information from applying entities and their responsible persons for applications to sell, offer to sell, distribute, or otherwise transfer electric guns or cartridges;

(2) Clarifying the requirement for fingerprinting and photographing the responsible persons of applying entities, including when the requirement may be waived and who is responsible for all applicable fees;

(3) Prohibiting the issuance of a license to sell, offer to sell, distribute, or otherwise transfer electric guns or cartridges when the applicant or responsible person has any conviction for any felony offense;

(4) Defining the terms "applying entity" and "responsible person";

(5) Clarifying the police department's authority to conduct criminal history record checks on responsible persons for licenses to sell, offer to sell, distribute, or otherwise transfer electric guns or cartridges; and

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

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 981, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 981, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair