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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2483 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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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:
The legislature further finds that the department of corrections and rehabilitation does not have the statutory authority to conduct criminal history record checks on volunteers and contracted and subcontracted service providers.
The purpose of this Act is to authorize the department of corrections and rehabilitation to search criminal histories and fingerprint records of current and prospective volunteers and contracted and subcontracted service providers and their employees who are directly involved in providing correctional programs, treatment, and services to persons committed to a correctional facility or placed in close proximity to persons committed when providing services on behalf of the department or the correctional facility.
SECTION 2. Section 353-1.5, Hawaii Revised Statutes, is amended by amending subsections (a), (b), and (c) to read as follows:
"(a) The department shall develop standards to ensure the reputable and responsible characters of staff members, volunteers, contract service providers, and subcontract service providers of the State's correctional facilities, which shall include criminal history record checks.
(b) For purposes of this section:
"Contract service provider" means an individual or employee of an entity
contracted directly by the department to provide a specific service. "Contract service provider"
includes students who, as a part of their educational curriculum or assigned
internship from a college or university, regardless of whether or not they
receive a stipend, are assigned to the department to provide or learn how to
provide a specific service for the department.
"Prospective staff member" means any applicant for a job in the department that is directly involved in the treatment and care of persons committed to a facility.
"Staff member" means any employee of the department who is directly involved with the treatment and care of persons committed to a facility.
"Subcontract
service provider" means an
individual or employee of an entity hired by a contract service provider.
"Volunteer" means an individual or organization who provides
goods or services to the department without monetary or material compensation
from the department.
(c)
The department shall obtain criminal history record information through
the Hawaii criminal justice data center in accordance with section 846-2.7, on
all staff members and prospective staff members, volunteers, contract
service providers, and subcontract service providers of the
department. Prospective staff members,
volunteers, contract service providers, and subcontract service providers
shall be fingerprinted and the criminal history record check shall be completed
before beginning employment[.], providing
contracted services, or volunteering."
SECTION 3. 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 or its designee on operators of adult foster homes for individuals with developmental disabilities or developmental disabilities domiciliary homes and their employees, as provided by section 321-15.2;
(2) The department of health or its designee 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 or health care services as provided by section 321-171.5;
(3) The
department of health or its designee on all applicants for licensure or
certification for, operators for, prospective employees, adult volunteers, and
all adults, except adults in care, at healthcare facilities as defined in
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;
(8) The
department of human services on operators and employees of child caring
institutions, child placing organizations, and resource family homes as
provided by section 346-17;
(9) The
department of human services on prospective adoptive parents as established
under section 346-19.7;
(10) The
department of human services or its designee on applicants to operate child
care facilities, household members of the applicant, prospective employees of
the applicant, and new employees and household members of the provider after
registration or licensure as provided by section 346-154, and persons subject
to section 346-152.5;
(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;
(12) The
department of health on operators and employees of home and community-based
case management agencies and operators and other adults, except for adults in
care, residing in community care foster family homes as provided by section
321-15.2;
(13) The
department of human services on staff members of the Hawaii youth correctional
facility as provided by section 352-5.5;
(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;
(15) The
judiciary on employees and applicants at detention and shelter facilities as
provided by section 571-34;
(16) The
department of corrections and rehabilitation on employees and prospective
employees, volunteers, contract service providers, and subcontract service
providers who are directly involved with the treatment and care of, or
directly involved in providing correctional programs and services to,
persons committed to a correctional facility, or placed in close proximity
to persons committed when providing services on behalf of the department or the
correctional facility, as provided by section 353-1.5 and the department of
law enforcement on employees and prospective employees whose duties involve or
may involve the exercise of police powers including the power of arrest as
provided by section 353C-5;
(17) The
board of private detectives and guards on applicants for private detective or
private guard licensure as provided by section 463-9;
(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;
(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;
(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;
(21) The
department of health on licensed adult day care center operators, employees,
new employees, subcontracted service providers and their employees, and adult
volunteers as provided by section 321-15.2;
(22) The
department of human services on purchase of service contracted and
subcontracted service providers and their employees and volunteers, as provided
by sections 346-2.5 and 346-97;
(23) The
department of human services on foster grandparent program, senior companion
program, and respite companion program participants as provided by section
346-97;
(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;
(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;
(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;
(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;
(28) The
department of commerce and consumer affairs on:
(A) Each principal of every non-corporate applicant for a money transmitter license;
(B) Each
person who upon approval of an application by a corporate applicant for a money
transmitter license will be a principal of the licensee; and
(C) Each
person who upon approval of an application requesting approval of a proposed
change in control of licensee will be a principal of the licensee,
as provided by sections 489D-9 and 489-D-15;
(29) The
department of commerce and consumer affairs on applicants for licensure and
persons licensed under title 24;
(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;
(31) The
department of commerce and consumer affairs on:
(A) An
applicant for a mortgage loan originator license, or license renewal; and
(B) Each
control person, executive officer, director, general partner, and managing
member of an applicant for a mortgage loan originator company license or
license renewal, as provided by chapter 454F;
(32) The
state public charter school commission or public charter schools on employees,
teacher trainees, prospective employees, and prospective teacher trainees in
any public charter school for any position that places them in close proximity
to children, as provided in section 302D-33;
(33) The
counties on prospective employees who work with children, vulnerable adults, or
senior citizens in community-based programs;
(34) The
counties on prospective employees for fire department positions that involve
contact with children or vulnerable adults;
(35) The
counties on prospective employees for emergency medical services positions that
involve contact with children or vulnerable adults;
(36) 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 citizens during
emergencies or crises;
(37) The
State and counties on employees, prospective employees, volunteers, and
contractors whose position responsibilities require unescorted access to
secured areas and equipment related to a traffic management center;
(38) The
State and counties on employees and prospective employees whose positions
involve the handling or use of firearms for other than law enforcement
purposes;
(39) The
State and counties on current and prospective systems analysts and others
involved in an agency's information technology operation whose position
responsibilities provide them with access to proprietary, confidential, or
sensitive information;
(40) The
department of commerce and consumer affairs on:
(A) Applicants
for real estate appraiser licensure or certification as provided by chapter
466K;
(B) Each
person who owns more than ten per cent of an appraisal management company who
is applying for registration as an appraisal management company, as provided by
section 466L-7; and
(C) Each
of the controlling persons of an applicant for registration as an appraisal
management company, as provided by section 466L-7;
(41) The
department of health or its designee on all license applicants, licensees,
employees, contractors, and prospective employees of medical cannabis
dispensaries, and individuals permitted to enter and remain in medical cannabis
dispensary facilities as provided under sections 329D-15(a)(4) and
329D-16(a)(3);
(42) The
department of commerce and consumer affairs on applicants for nurse licensure
or license renewal, reactivation, or restoration as provided by sections 457-7,
457-8, 457-8.5, and 457-9;
(43) The
county police departments on applicants for permits to acquire firearms
pursuant to section 134-2, on individuals registering their firearms pursuant
to section 134-3, and on applicants for new or renewed licenses to carry a
pistol or revolver and ammunition pursuant to section 134-9;
(44) The
department of commerce and consumer affairs on:
(A) Each
of the controlling persons of the applicant for licensure as an escrow
depository, and each of the officers, directors, and principals who will be in
charge of the escrow depository's activities upon licensure; and
(B) Each
of the controlling persons of an applicant for proposed change in control of an
escrow depository licensee, and each of the officers, directors, and principals
who will be in charge of the licensee's activities upon approval of the
application, as provided by chapter 449;
(45) The
department of taxation on current or prospective employees or contractors who
have access to federal tax information in order to comply with requirements of
federal law, regulation, or procedure, as provided by section 231-1.6;
(46) The
department of labor and industrial relations on current or prospective
employees or contractors who have access to federal tax information in order to
comply with requirements of federal law, regulation, or procedure, as provided
by section 383-110;
(47) The
department of human services on current or prospective employees or contractors
who have access to federal tax information in order to comply with requirements
of federal law, regulation, or procedure, and on current or prospective
employees, volunteers, contractors, or contractors'
employees or volunteers, subcontractors, or subcontractors'
employees or volunteers, whose position places or would place them in close
proximity to minors, young adults, or vulnerable adults, as provided by section
346-2.5;
(48) The
child support enforcement agency on current or prospective employees, or
contractors who have access to federal tax information in order to comply with
federal law, regulation, or procedure, as provided by section 576D-11.5;
(49) The
department of the attorney general on current or prospective employees or
employees or agents of contractors who have access to federal tax information
to comply with requirements of federal law, regulation, or procedure, as
provided by section 28-17;
(50) The
department of commerce and consumer affairs on each control person, executive
officer, director, general partner, and managing member of an installment loan
licensee, or an applicant for an installment loan license, as provided in
chapter 480J;
(51) The
University of Hawaii on current and prospective employees and contractors whose
duties include ensuring the security of campus facilities and persons; and
(52) Any
other organization, entity, or the State, its branches, political subdivisions,
or agencies as may be authorized by state law."
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.
Report Title:
DCR; Corrections and Rehabilitation; Department of the Attorney General Hawaii Criminal Justice Data Center; Background Checks
Description:
Authorizes the Department of Corrections and Rehabilitation to search criminal histories and fingerprint records of current and prospective volunteers and contracted and subcontracted service providers and their employees who are directly involved in providing correctional programs, treatment, and services to persons committed to a correctional facility or places them in close proximity to persons committed when providing services on behalf of the Department or the correctional facility. (SD2)
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not legislation or evidence of legislative intent.