Bill Text: HI SB2071 | 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: (Engrossed - Dead) 2012-03-16 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Herkes, Kawakami, Oshiro, Tokioka excused (4). [SB2071 Detail]

Download: Hawaii-2012-SB2071-Amended.html

 

 

STAND. COM. REP. NO.  1022-12

 

Honolulu, Hawaii

                , 2012

 

RE:   S.B. No. 2071

      S.D. 2

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Labor & Public Employment, to which was referred S.B. No. 2071, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS FOR COUNTY EMPLOYEES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to protect Hawaii's people by allowing criminal history record checks to be conducted by:

 

     (1)  The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations; and

 

     (2)  The counties on prospective employees:

 

          (A)  Who will work with vulnerable adults or senior citizens in community-based programs;

 

          (B)  For fire department positions that involve contact with children or dependent adults;

 

          (C)  For emergency medical services positions that involve contact with children or dependent adults; and

 

          (D)  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 or disabled citizens during emergencies or crises.

 

     The Hawaii Civil Rights Commission, State Fire Council, Department of Human Resources of the City and County of Honolulu, Honolulu Fire Department, and a concerned individual testified in support of this measure.

 

     Under current law, certain agencies at both the state and county levels, as well as private entities are allowed to conduct state and national criminal history record checks on specific types of personnel for the purposes of determining suitability or fitness, for among other things, employment.  However, counties are currently only allowed to conduct these types of checks 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.  Changing missions and duties of various county departments have resulted in employees within those departments coming into contact, and dealing with, children in situations other than recreation or child care programs and services, and vulnerable adults.  In addition, with the elimination of residency requirements, as well as the recent economic downturn, applications for civil service positions, including positions in these departments, have increased.  This presents a dilemma for these departments because they have no legal means to verify whether or not applicants for these positions possess the qualities to deal with children and vulnerable adults.  This measure attempts to correct this problem.

 

     Your Committee has amended this measure by changing its effective date to upon approval.

 

     As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2071, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2071, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.

 


Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

 

 

 

 

____________________________

KARL RHOADS, Chair

 

 

 

 

 

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