Hawaii-2012-SB1223-Introduced

SECTION 1. Section 444-4, Hawaii Revised Statutes, is amended to read as follows:

"§444-4 Powers and duties of board. In addition to any other powers and duties authorized by law, the board shall:

(1) Grant licenses, including conditional licenses, to contractors pursuant to this chapter and rules[;] adopted by the board pursuant to chapter 91;

(2) Adopt, amend, or repeal [~~such~~] rules [as] that the board [~~may deem~~] deems proper [~~fully~~] to fully effectuate this chapter and carry out the purpose [~~thereof, which is the protection~~] of protecting the general public. All rules shall be approved by the governor and the director, and when adopted pursuant to chapter 91, shall have the force and effect of law. The rules may forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter. The rules may require contractors to make reports to the board containing any [~~items of~~] information [~~as will better~~] necessary to enable the board to enforce this chapter and rules, or [~~as will better~~] to enable the board from time to time to amend the rules to more fully [to] effectuate the purposes of this chapter. The rules may require contractors to furnish reports to owners containing any [~~matters of~~] information as the board deems necessary to promote the purpose of this chapter. The enumeration of specific matters which may properly be made the subject of rules shall not be construed to limit the board's general power to make all rules necessary fully to effectuate the purpose of this chapter;

(3) Adopt rules pursuant to chapter 91 necessary to implement the provisions of this chapter relating to CFCs, including, but not limited to, procedures for the disposal of air conditioning units utilizing CFCs that include mandatory recovery and recycling of CFCs;

(4) Adopt rules pursuant to chapter 91 to establish procedures necessary to implement the conduct of criminal history record checks required under section 444‑9;

[~~(4)~~] (5) Enforce this chapter and rules adopted pursuant [~~thereto;~~] to this chapter;

[~~(5)~~] (6) Suspend or revoke any license for any cause prescribed by this chapter, or for any violation of the rules[,] adopted by the board; and refuse to grant, renew, restore, or reinstate any license for any cause which would be grounds for revocation or suspension of a license;

[~~(6)~~] (7) Publish and distribute pamphlets and circulars containing any information as the board deems proper to further the accomplishment of the purpose of this chapter;

[~~(7)~~] (8) Contract for professional testing services to prepare, administer, and grade the examinations for applicants as may be required for the purposes of this chapter[~~. The~~]; provided that the board shall determine the scope and length of the examinations, whether the examinations shall be oral, written, or both, and the score that shall be deemed a passing score;

[~~(8)~~] (9) Order summary suspension of a license; provided that summary suspensions may be delegated in accordance with section 436B-23;

[~~(9)~~] (10) Issue informal nonbinding interpretations or declaratory rulings, and conduct contested case proceedings pursuant to chapter 91; and

[~~(10)~~] (11) Subpoena witnesses and documents, administer oaths, receive affidavits and oral testimony, including telephonic communications."

SECTION 2. Section 444-9, Hawaii Revised Statutes, is amended to read as follows:

"§444-9 Licenses required. (a) No person within the purview of this chapter shall act, or assume to act, or advertise, as general engineering contractor, general building contractor, or specialty contractor without a license previously obtained under and currently in compliance with this chapter and the rules and regulations of the contractors license board.

(b) Effective January 1, 2012, the board shall conduct a criminal history record check on each applicant for licensure in accordance with section 846-2.7 and pursuant to procedures adopted by the board.

(c) Every person who holds a license under this chapter issued prior to January 1, 2012, shall be subject to a criminal history record check conducted by the board in accordance with section 846-2.7 and pursuant to procedures adopted by the board.

(d) The board shall adopt rules pursuant to chapter 91 to establish procedures relating to the criminal history record checks required under this section."

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 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:~~] every: 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 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 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 pursuant to 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, 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;

(28) The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;

(29) The Hawaii health systems corporation on:

(A) Employees;

(B) Applicants seeking employment;

(D) Current or prospective volunteers, providers, or contractors,

in any of the corporation's health facilities as provided by section 323F-5.5;

(30) 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~~]

(31) The contractors license board on each applicant for or holder of a license issued by the board as provided by section 444-9; and

[~~(31)~~] (32) 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 on July 1, 2011.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1223
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII