Bill Text: HI SB16 | 2010 | Regular Session | Amended
Bill Title: DOE; Volunteers; Criminal History Record Check
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB16 Detail]
Download: Hawaii-2010-SB16-Amended.html
Report Title:
DOE; Volunteers; Criminal History Record Check
Description:
Authorizes the department of education to conduct criminal history record checks on volunteers in positions that place them in close proximity to children; requires the department to establish and maintain a criminal history data base for internal use. (SD1)
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THE SENATE |
S.B. NO. |
16 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIMINAL HISTORY RECORD CHECKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 302A-601.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-601.5[]] Employees of the department of education [and],
teacher trainees, and volunteers in any public school; criminal history
record checks. (a) The
department of education, including the Hawaii state public library system,
shall develop procedures for obtaining verifiable information regarding the
criminal history of persons who are employed or seeking employment in any
position, including teacher trainees[,] and volunteers, that
places them in close proximity to children. These procedures shall include
criminal history record checks in accordance with section 846-2.7.
Information obtained pursuant to this subsection shall be used exclusively by the employer or prospective employer for the purpose of determining whether a person is suitable for working or volunteering in close proximity to children. All such decisions shall be subject to applicable federal laws and regulations currently or hereafter in effect.
(b) The employer or prospective employer may
refuse to employ[,] or accept a volunteer and may:
(1) Refuse to issue a teaching or other educational certificate;
(2) Revoke the teaching or other educational certificate;
(3) Refuse to allow or continue to allow teacher
training; [or]
(4) Terminate the
employment of any employee or deny employment to an applicant[,]; or
(5) Terminate or refuse the services of any volunteer,
if the person has been convicted of a crime, and if
the employer or prospective employer finds by reason of the nature and
circumstances of the crime that the person poses a risk to the health, safety,
or well-being of children. Refusal, revocation, or termination may occur only
after appropriate investigation and notification to the employee or applicant
for employment or a volunteer position of results and planned action,
and after the employee or applicant for employment or the volunteer position
is given an opportunity to meet and rebut the finding. Nothing in this
subsection shall abrogate any applicable appeal rights under [chapters] chapter
76 or 89, or administrative regulation of the department of education.
(c) This section shall not be used by the department to secure criminal history record checks on persons who have been employed continuously by the department, including the state public library system, on a salaried basis prior to July 1, 1990.
(d) Notwithstanding any other law to the contrary, for purposes of this section, the department of education, including the Hawaii state public library system, shall be exempt from section 831-3.1 and need not conduct investigations, notifications, or hearings under this section in accordance with chapter 91.
(e) For the purposes of this section:
"Volunteer" means any individual who provides, or intends to provide, direct services, assistance, or supervision, to students on a non-compensatory basis."
SECTION 2. Section 846-2.7, Hawaii Revised Statutes, is amended to read as follows:
"§846-2.7 Criminal history
record checks. (a) The agencies and other entities named in subsection
(b) may conduct state and national criminal history record checks on the
personnel identified in subsection (b), for the purpose of determining suitability
or fitness for a permit, license, or employment[;], including
volunteers and prospective volunteers; provided that the Hawaii criminal
justice data center may charge a reasonable fee for the criminal history record
checks performed. The criminal history record check shall include the
submission of fingerprints to:
(1) The Federal Bureau of Investigation for a national criminal history record check; and
(2) The Hawaii criminal justice data center for a state criminal history record check that shall include nonconviction data.
Criminal history record information shall be used exclusively for the stated purpose for which it was obtained.
(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, and 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 the mentally retarded, hospital, rural health center and rehabilitation agency, and, in the case of any of the above-related 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, volunteers, and
prospective volunteers 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 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) The department of human services on prospective adoptive parents as established under section 346‑19.7;
(9) 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) 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) 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) The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;
(13) 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) The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;
(15) 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) The department of commerce and consumer affairs on applicants for private detective or private guard licensure as provided by section 463-9;
(17) 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 as provided by section 302C‑1;
(18) 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) 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) 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) 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) 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) 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) 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) 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) 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)[]] 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; and
[[](28)[]] Any
other organization, entity, or the State, its branches, political subdivisions,
or agencies as may be authorized by state law.
(c) The applicant or employee, including volunteers and prospective volunteers, subject to a criminal history record check shall provide to the requesting agency:
(1) Consent to obtain the applicant's or employee's fingerprints and conduct the criminal history record check;
(2) Identifying information required by the Federal Bureau of Investigation which shall include but not be limited to name, date of birth, height, weight, eye color, hair color, gender, race, and place of birth; and
(3) A statement indicating whether the applicant or employee has ever been convicted of a crime."
SECTION 3. (a) The department of education shall establish and maintain a criminal history data base utilizing the state and national screening information collected by the department, which shall be available to all public schools and public libraries under the purview of the department.
(b) The department of education may determine the scope of the criminal history information required for employees and volunteers, and if appropriate, may limit the scope of the criminal history check of volunteers to only those volunteers who may have regular contact with children.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
