Bill Text: HI HB1064 | 2023 | Regular Session | Introduced
Bill Title: Relating To Background Checks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-01-30 - Referred to HUS, FIN, referral sheet 3 [HB1064 Detail]
Download: Hawaii-2023-HB1064-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1064 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO BACKGROUND CHECKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The
purpose of this Act is to authorize the department of human services to conduct
comprehensive background checks on current and prospective employees,
volunteers, and contractors and contractor's employees and volunteers in
positions that require these individuals to be in close proximity to minors,
young adults, or vulnerable adults who are receiving child welfare services,
social services, or other benefits and services from the social services
division of the department of human services, including services intended to
prevent abuse or neglect or assist youth who are aging out of foster care with
obtaining and maintaining independent living skills.
SECTION 2. Section 346-2.5, Hawaii Revised Statutes, is
amended to read as follows:
"[[]§346-2.5[] Criminal history record] Background
checks. (a) The department shall develop procedures for
obtaining verifiable information regarding the criminal history of any person
who is employed or seeking employment, including a contractor and its employees
[or agents] if prior authority to access federal tax information has
been provided by the United States Department of the Treasury, if the person
will require access to federal tax information. The 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 department for the purpose of
determining whether a person is suitable for accessing federal tax information
in accordance with applicable federal laws.
(b) The department may terminate or deny
employment to any current or prospective employee [or applicant,]
or terminate or refuse to secure the services of a contractor and its employees
[or agents] authorized under subsection (a), if the department finds by
reason of the nature and circumstances of the background investigation
conducted under subsection (a) that the current or prospective employee,
[applicant,] contractor, or contractor's employees [or agents]
pose a risk to the security of federal tax information. Termination or denial of employment or
refusal to secure services under this subsection shall only occur after
appropriate notification to the current or prospective employee[, applicant,]
or contractor of the findings of the background investigation, and after the current
or prospective employee[, applicant,] or contractor is given an
opportunity to respond to the findings. Nothing in this subsection shall abrogate any
applicable appeal rights under chapters 76 and 89, or administrative rules of
the department.
(c) The department shall develop procedures for
obtaining verifiable information regarding the criminal history of any current
or prospective employee, volunteer, contractor, or a contractor's employee or
volunteer as a measure to ensure the person is of reputable and responsible
character; provided that the
person will be in close proximity to minors, young adults, or vulnerable adults
who are receiving child welfare services, social services, or other
benefits and services from the social services division of the department,
including services intended to prevent abuse or neglect or assist youth aging
out of foster care with obtaining and maintaining independent living skills.
(d) Current or prospective employees, volunteers,
and contractors and contractors' employees and volunteers who are in positions that place them in close proximity to minors,
young adults, or vulnerable adults who are receiving child welfare services, social services, or
other benefits or services from the social services division of the department,
including services intended to prevent abuse or neglect or assist youth aging
out of foster care with obtaining and maintaining independent living skills, shall:
(1) Be subject to criminal history
record checks in accordance with section 846-2.7;
(2) Provide consent to the department to
obtain other criminal history record information for verification; and
(3) Be subject to adult abuse registry and child abuse and neglect registry checks.
A
new employee or volunteer of the department shall be fingerprinted prior to
beginning employment or volunteering for the purpose of complying with the
criminal history record check. The
information obtained pursuant to this subsection and subsection (e) shall be
used exclusively by the department to determine whether a person is suitable
for working in close proximity to minors, young adults, or vulnerable adults.
(e)
The department may periodically obtain criminal history record
information through the Hawaii criminal justice data center on all persons
subject to this section.
(f)
The department may terminate or deny employment to a current or
prospective employee or volunteer, or terminate or
refuse to secure the services of a contractor and its employee or volunteer, if
the department finds by reason of the nature and circumstances of the results
of the background investigation conducted under subsections (d) and (e) that
the current or prospective employee, volunteer, contractor, or contractor's
employee or volunteer may pose a risk to the health, safety, security,
or well-being of minors, young adults, or vulnerable adults who are receiving
child welfare services, social services, or other benefits or services from the
social services division of the department, including services intended to
prevent abuse or neglect or assist youth aging out of foster care with
obtaining and maintaining independent living skills. Termination
or denial of employment or refusal to secure services under this subsection
shall only occur after appropriate notification to the current or prospective
employee or contractor of the findings of the background investigation and
after the current or prospective employee or contractor is given an opportunity
to respond to the findings. Nothing in
this subsection shall abrogate any applicable appeal rights under chapters 76
and 89 or administrative rules of the department.
[(c)] (g) The department shall be exempt from section
831-3.1 and need not conduct investigations, notifications, or hearings under
this section in accordance with chapter 91.
(h)
For purposes of this section:
"Child welfare
services" has the same meaning as in section 346-1.
"Social
services" has the same meaning as in section 346-1.
"Vulnerable adult" has the
same meaning as in section 346-222.
"Young adult" means a person
between the ages of eighteen and twenty-one or a person authorized by the
Foster Care Independence Act of 1999, P.L. 106–169, or other applicable law,
regardless of age, to receive benefits and services aimed to assist youth aging
out of foster care in the United States in obtaining and maintaining
independent living skills."
SECTION 3. 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 seven-year period for felony convictions and the most recent five-year period for misdemeanor convictions, 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(b)(5), (33), (34), (35), (36), and (38);
(6) Armed security services pursuant to section 261-17(b);
(7) Providers of a developmental disabilities domiciliary home pursuant to section 321-15.2;
(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 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 title 49 United States Code section 44936(a);
(13) The department of human services pursuant to sections 346-2.5, 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 under chapter 514B, or the managing agent or resident manager of a condominium pursuant to section 514B-133; and
(18) The department of health pursuant to section 321‑15.2."
SECTION 4. 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 [foster boarding homes] 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 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;
(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 [serving clients
of the adult protective and community services branch,] and volunteers,
as provided by [section] 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 489D‑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 and on individuals registering their firearms pursuant to
section 134-3;
(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
and volunteers who are in a position that requires 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that the amendments made to section 378-2.5, Hawaii Revised Statutes, by section 3 of this Act shall not be repealed when section 27 of Act 278, Session Laws of Hawaii 2022, takes effect; and provided further that the amendments made to section 846-2.7, Hawaii Revised Statutes by section 4 of this Act shall not be repealed when section 28 of Act 278, Session Laws of Hawaii 2022, takes effect.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Department of Human Services; Criminal History Background Checks
Description:
Authorizes the Department of Human Services to conduct comprehensive background checks on current and prospective employees, volunteers, and contractors and contractor's employees and volunteers, in positions that require them to be in close proximity to minors and young adults receiving child welfare or child abuse prevention services, or vulnerable adults receiving adult protective services, social services, or certain other benefits and services from the department. Makes non-substantive conforming amendments to sections 345-2.5 and 846-2.7, Hawaii Revised Statutes. Effective upon approval.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
