Bill Text: HI HB1765 | 2012 | Regular Session | Amended
Bill Title: Criminal History Record Checks for County Employees; City and County of Honolulu Package
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-07-10 - (S) Act 299, 7/9/2012 (Gov. Msg. No. 1416). [HB1765 Detail]
Download: Hawaii-2012-HB1765-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1765 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIMINAL HISTORY RECORD CHECKS FOR COUNTY EMPLOYEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 378-2.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Notwithstanding subsections (b) and (c), the requirement that inquiry into and consideration of a prospective employee's conviction record may take place only after the individual has received a conditional job offer, and the limitation to the most recent ten-year period, excluding the period of incarceration, shall not apply to employers who are expressly permitted to inquire into an individual's criminal history for employment purposes pursuant to any federal or state law other than subsection (a), including:
(1) The State or any of its branches, political subdivisions, or agencies pursuant to sections 78-2.7 and 831-3.1;
(2) The department of education pursuant to section 302A-601.5;
(3) The department of health with respect to employees, providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health services pursuant to section 321-171.5;
(4) The judiciary pursuant to section 571-34;
(5) The counties pursuant to section [846-2.7;]
846-2.7(b)(5), (32), (33), (34), and (35);
(6) Armed security services pursuant to section 261-17(b);
(7) Providers of a developmental disabilities domiciliary home pursuant to section 333F-22;
(8) Private schools pursuant to sections 302C-1 and 378-3(8);
(9) Financial institutions in which deposits are insured by a federal agency having jurisdiction over the financial institution pursuant to section 378-3(9);
(10) Detective agencies and security guard agencies pursuant to sections 463-6(b) and 463-8(b);
(11) Employers in the business of insurance pursuant to section 431:2-201.3;
(12) Employers of individuals or supervisors of individuals
responsible for screening passengers or property under [49 U.S.C. §44901]
Title 49 United States Code Section 44901 or individuals with unescorted
access to an aircraft of an air carrier or foreign carrier or in a secured area
of an airport in the United States pursuant to [49 U.S.C. §44936(a);] Title
49 United States Code Section 44936(a);
(13) The department of human services pursuant to sections 346-97 and 352-5.5;
(14) The public library system pursuant to section 302A-601.5;
(15) The department of public safety pursuant to section 353C-5;
(16) The board of directors of a cooperative housing corporation or the manager of a cooperative housing project pursuant to section 421I-12;
(17) The board of directors of an association of owners under chapter 514A or 514B, or the manager of a condominium project pursuant to section 514A-82.1 or 514B-133; and
(18) The department of health pursuant to section 321-15.2."
SECTION 2. Section 846-2.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Criminal history record checks may be conducted by:
(1) The department of health on operators of adult foster homes or developmental disabilities domiciliary homes and their employees, as provided by section 333F-22;
(2) The department of health on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health services as provided by section 321-171.5;
(3) The department of health on all applicants for licensure for, operators for, prospective employees, and volunteers at one or more of the following: skilled nursing facility, intermediate care facility, adult residential care home, expanded adult residential care home, assisted living facility, home health agency, hospice, adult day health center, special treatment facility, therapeutic living program, intermediate care facility for individuals with intellectual disabilities, hospital, rural health center and rehabilitation agency, and, in the case of any of the above facilities operating in a private residence, on any adult living in the facility other than the client as provided by section 321-15.2;
(4) The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by section 302A-601.5;
(5) The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;
(6) The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5;
(7) The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;
[(7)] (8) The department of human
services on operators and employees of child caring institutions, child placing
organizations, and foster boarding homes as provided by section 346-17;
[(8)] (9) The department of human
services on prospective adoptive parents as established under section 346-19.7;
[(9)] (10) The department of human
services on applicants to operate child care facilities, prospective employees of
the applicant, and new employees of the provider after registration or
licensure as provided by section 346-154;
[(10)] (11) The department of human
services on persons exempt pursuant to section 346-152 to be eligible to
provide child care and receive child care subsidies as provided by section
346-152.5;
[(11)] (12) The department of human
services on operators and employees of home and community-based case management
agencies and operators and other adults, except for adults in care, residing in
foster family homes as provided by section 346-335;
[(12)] (13) The department of human
services on staff members of the Hawaii youth correctional facility as provided
by section 352-5.5;
[(13)] (14) The department of human
services on employees, prospective employees, and volunteers of contracted
providers and subcontractors in positions that place them in close proximity to
youth when providing services on behalf of the office or the Hawaii youth
correctional facility as provided by section 352D-4.3;
[(14)] (15) The judiciary on employees
and applicants at detention and shelter facilities as provided by section
571-34;
[(15)] (16) The department of public
safety on employees and prospective employees who are directly involved with
the treatment and care of persons committed to a correctional facility or who
possess police powers including the power of arrest as provided by section
353C-5;
[(16)] (17) The [department of
commerce and consumer affairs] board of private detectives and guards
on applicants for private detective or private guard licensure as provided by
section 463-9;
[(17)] (18) Private schools and
designated organizations on employees and prospective employees who may be in
positions that necessitate close proximity to children; provided that private
schools and designated organizations receive only indications of the states
from which the national criminal history record information was provided
pursuant to section 302C-1;
[(18)] (19) The public library system on
employees and prospective employees whose positions place them in close
proximity to children as provided by section 302A-601.5;
[(19)] (20) The State or any of its
branches, political subdivisions, or agencies on applicants and employees
holding a position that has the same type of contact with children, vulnerable
adults, or persons committed to a correctional facility as other public
employees who hold positions that are authorized by law to require criminal
history record checks as a condition of employment as provided by section
78-2.7;
[(20)] (21) The department of human
services on licensed adult day care center operators, employees, new employees,
subcontracted service providers and their employees, and adult volunteers as
provided by section 346-97;
[(21)] (22) The department of human
services on purchase of service contracted and subcontracted service providers
and their employees serving clients of the adult and community care services
branch, as provided by section 346-97;
[(22)] (23) The department of human
services on foster grandparent program, retired and senior volunteer program,
senior companion program, and respite companion program participants as
provided by section 346-97;
[(23)] (24) The department of human
services on contracted and subcontracted service providers and their current
and prospective employees that provide home and community-based services under
Section 1915(c) of the Social Security Act, Title 42 United States Code Section
1396n(c), or under any other applicable section or sections of the Social
Security Act for the purposes of providing home and community-based services,
as provided by section 346-97;
[(24)] (25)
The department of commerce and consumer affairs on proposed directors and
executive officers of a bank, savings bank, savings and loan association, trust
company, and depository financial services loan company as provided by section
412:3-201;
[(25)] (26)
The department of commerce and consumer affairs on proposed directors and
executive officers of a nondepository financial services loan company as
provided by section 412:3-301;
[(26)] (27)
The department of commerce and consumer affairs on the original chartering
applicants and proposed executive officers of a credit union as provided by
section 412:10-103;
[(27)] (28) The department of commerce
and consumer affairs on:
(A) Each principal of every non-corporate applicant for a money transmitter license; and
(B) The executive officers, key shareholders, and managers in charge of a money transmitter's activities of every corporate applicant for a money transmitter license,
as provided by section 489D-9;
[(28)] (29)
The department of commerce and consumer affairs on applicants for licensure and
persons licensed under title 24;
[(29)] (30) The Hawaii health systems
corporation on:
(A) Employees;
(B) Applicants seeking employment;
(C) Current or prospective members of the corporation board or regional system board; or
(D) Current or prospective volunteers, providers, or contractors,
in any of the corporation's health facilities as provided by section 323F-5.5;
[(30)] (31) The department of commerce
and consumer affairs on:
(A) An applicant for a mortgage loan originator license; and
(B) Each control person, executive officer, director, general partner, and manager of an applicant for a mortgage loan originator company license,
as
provided by chapter 454F; [and]
(32) The counties on prospective employees who work with vulnerable adults or senior citizens in community- based programs;
(33) The counties on prospective employees for fire department positions which involve contact with children or dependent adults;
(34) The counties on prospective employees for emergency medical services positions which involve contact with children or dependent adults;
(35) The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable and disabled citizens during emergencies or crises; and
[(31)] (36)
Any other organization, entity, or the State, its branches, political
subdivisions, or agencies as may be authorized by state law."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 7, 2059.
Report Title:
Criminal History Record Checks for County Employees; City and County of Honolulu Package
Description:
Allows counties to conduct criminal history checks on prospective liquor commission employees, prospective employees working with vulnerable adults or seniors, employees for fire department and emergency medical services positions, and emergency management employees with certain additional requirements. Effective January 7, 2059. (HB1765 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
