HomeMy WebLinkAboutCOM 1432.002 2006-2008BOBJACOBSON
Councilmember
Chair, Ei:v/rorrmenta/ Management Committee
Vice-Chair, Finance Committee
HAWAII COUNTY COUNCIL
County of Hawai `i
333 Kilauea Avenue, Second Floor
Ben Franklin Building, Hilo, Hawaii 96720
Mailing Address: 25 Aupuni Street, Suite 200
Phone: (808)961-8263
Fax: (808) 9ti 1-8912
E-Mail: bjacobson@co.hawaii.hi.us
MEMORANDUM
October 7, 2008
To:
From
Re:
Pete Hoffmann, Chair
Hawaii County Council
Bob Jacobson, Council Member
District 6
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Transmitting Proposals for inclusion in the 2009 Hawaii State Association of
Counties (HSAC) Legislative Priorities Package
The following proposals have been referred by the individual County Councils and are transmitted
for your consideration and approval as part of the 2009 Hawaii State Association of Counties
(HSAC) Legislative Package.
The HSAC Legislative Package will only include measures that receive approval from all the four
(4) Councils.
A. MAUI COUNTY COUNCIL (Approved on September 23 2008)•
The following 3 proposals were included as part of the 2008 HSAC Legislative Package,
however none of them passed during the 2008 legislative session.
1. A BILL FOR AN ACT RELATING TO HOUSING
The purpose of this bill is to extend the 45-day window for a legislative body to approve,
approve with modification(s), or disapprove an affordable housing project under Section 201
H-38, Hawaii Revised Statutes, to 90 days.
2. A BILL FOR AN ACT RELATING TO PROCUREMENT
Comm. No. ' `i",32• Z
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The purpose of this bill is to remove the requirement for local governments to comply with
rules adopted by the policy board and places the decision-making power to use cooperative
contracts within the discretion of local governments.
3. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS
The purpose of this bill is to require the State to transfer a portion of the fines and forfeitures
collected for uncontested traffic infractions to the county in which the violations occurred by
creating a new chapter, 291 F, Hawaii Revised Statutes, entitled "Transmittal of uncontested
Traffic Fines and Forfeitures to Counties", and amends Section 291C-171 (a), Hawaii
Revised Statutes.
B. CITY & COUNTY OF HONOLULU (Approved on September 24, 2008):
4. A CONCURRENT RESOLUTION URGING THE DEPARTMETN OF COMMERCE
AND CONSUMER AFFAIRS TO ASSIST THE COUNTIES IN NEGOTIATING
AGREEMENTS WITH PEG ACCESS ORGANIZATIONS FOR A PROTION OF
CABLE FRANCHISE FEES
The purpose of this resolution is to urge the Department of Commerce and Consumer Affairs
to assist the counties in negotiating agreements with PEG access organizations for a portion
of cable franchise fees.
5. A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS
BY COUNTIES
The purpose of this bill is to allow the counties to conduct criminal history record checks on
taxicab drivers and applicants for taxicab driver's certificates, amending Section 846-2.7,
Hawaii Revised Statutes by amending subsection (b).
6. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS
The purpose of this bill is to require the State to transfer a portion of the fines and forfeitures
collected for uncontested traffic infractions to the county in which the violations occurred by
creating a new chapter, 291 F, Hawaii Revised Statutes, entitled "Transmittal of Uncontested
Traffic Fines and Forfeitures to Counties", and amending Section 291C-171 (a), Hawaii
Revised Statutes.
BJ/bl
Att.
A
MAUI COUNTY
JTJSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: A BILL FOR AN ACT RELATING TO HOUSING
PURPOSE: Extends the forty-five day window for a legislative body to
approve, approve with modification, or disapprove an affordable
housing project under Section 201H-38, Hawaii Revised Statues,
to ninety days.
MEANS: Amends Section 201H-38, Hawaii Revised Statues.
JUSTIFICATION: With the authority granted to the county councils by Act 249
(2007) to modify affordable housing projects, extending the
councils' review period to ninety days ,will produce projects that
are better suited to the counties' respective needs while still
providing an expedited process.
The 45-day deadline is inadequate for a responsible review of a
project, partly because a significant amount of time is consumed
by the notice requirements under Chapter 92, HRS, for scheduling
Council and committee meetings.
Passage of this measure would reflect the Legislature's recognition
of the scheduling and other limitations imposed on the councils by
the Sunshine Law.
This measure only addresses the councils' role in the approval
process, which historically has not been the source of delays and
increased costs for good affordable housing projects.
paf:g1u.07-241b
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A SILL F®R AN ACT
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RELATING TO HOUSING.
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~E IT EIVACTEID S~ T`I~ I.EGISI,A~TUI~ ®F T~ Sg'ATE ®I+' I~WAII:
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1 ~ SECTION 1. The forty-five day window for a
2 legilslative body to approve, approve with modification, o
f~
3 disapprove an affordable housing project is too short to
4 meaningful discussion of the project. Allowing ninety da
5 provide an expedited review while allowing the legislativ
I~
6 to do its due diligence in evaluating a project.
7 ~ SECTION 2. Section 201H-38,,Hawaii Revised Statutes,
8 amended by amending subsection (a) to read as follows:
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"(a) The corporation may develop on behalf of the Stite or
with an eligible developer, or may. assi"st under a governmint
assistance program in the development of, housing projects that
shall be exempt from all statutes, ordinances, .charter
13 provisions,'and rules of any government agency relating tc
14 planning, zoning, construction standards for subdivisions,
15 t and improvement of land, and the construction
16
nits thereon; provided that:
2008 HSAC Leg Pkg. Bill
of
to Housing
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1 (1) The corporation finds the housing project is
2 consistent with the purpose and intent of this
3 chapter, and meets minimum requirements of health and
4 safety;
g (2) The development of the proposed housing project does
6 not contravene any safety standards, tariffs, or rates
~ and fees approved by the public utilities commission
g for public utilities or of the"•various boards of water
9 supply authorized under chapter 54;
l0 (3) The legislative body of the county in which the
11 housing project is to be situated shall have approved
12 the project with or without modifications:
13 (A) The legislative body shall approve, approve with
14 modification, or disapprove the project by
15 resolution within [f=t;' F=='=='=] ninet days after
16 the corporation has submitted the preliminary
17 plans and specifications for the project to the
18 legislative body. If on the [`=-'-1'-=_-:}'.]
19 ninety-first day a project is not disapproved, it
20 shall be deemed approved by the legislative body;
21 (B) No action shall be prosecuted or maintained
22 against any county, its officials, or employees
23 on account of actions taken by them in reviewing,
2008 HSAC Leg Pkg. Bill Relating to Housing
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approving, modifying, or disapproving the plans
and specifications; and
(C) The final plans and specifications for the
project shall be deemed approved by the
legislative body if the final plans and
specifications do not substantially deviate from
the preliminary plans and specifications. The
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final plans and specifications for the project
shall constitute the zoning, building,
construction, and subdivision standards for that
project. For purposes of sections 501-85 and
502-17, the executive director of the core (ration
or the responsible county official may certify
maps and plans of lands connected with the
project as having complied with applicable laws
and ordinances relating to consolidation and
subdivision of lands, and the maps and plans
shall be accepted for registration or recordation
by the land court and registrar; and
;4) The land use commission shall approve, approve with
modification, or disapprove a boundary change within
forty-five days after the corporation has submitted a
petition to the commission as provided in section
2008 HSAC Leg Pkg. Bill Relating to
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1 205-4. If on the forty-sixth day the petition is not
2 disapproved, it shall be deemed approved by the
,;
3 commission.."
4 SECTION 3. Statutory material to be deleted is bracketed
5 and in strikethrough. New statutory material is underscored.
6 SECTION 4. This Act shall take effect upon its approval.
7 !
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2008 HSAC Leg Pkg. Bill Relating to Housing
JUSTH+'ICATI®I~T SHEET
Hawaii State Association of Counties
A BILL FOR AN ACT RELATING TO
To remove the requirement for local governments to comply with
rules adopted by the policy board and to place the decisiori-making
power to use cooperative contracts within the discretion of local
governments.
Amends § 103D-802, Hawaii Revised Statutes (HRS), by deleting
language pertaining to rules adopted by the policy board.
TI®1V: § 103D-201 and § 103D-202, HRS, :establish a procurement policy
board with the authority to adopf rules consistent with Chapter
103D. Chapter 103D is based on the Model Procurement Code.
All states have adopted a version of the Model Procurement Code.
Most states that allow cooperative purchasing do not have policy
boards restricting a government's ability to participate in
cooperative contracts. ~
Currently, local governments in the State of Hawaii are limited by
the Hawaii Administrative Rules set by the policy board to choose
whether to use cooperative contracts. This is true event if the
cooperative contracts went through a competitive selection process
similar to the laws and rules of the State of Hawaii. Consequently,
local governments may not be able to enter into a cooperative
contract that is the most cost-eti'ective choice for itself or for its
taxpayers.
Local governments are in the best position to assess their own
needs and the needs of the people they serve. Therefore local
governments are also in the best position to make competent
decisions as to whether to use a cooperative contract.
The amendment would merely provide local government
another option when deciding whether to enter into a coops
contract: ~ °•There may be contracts, other than the coops
contract, that have gone through Hawaii's procurement p
and are still more cost efficient for local governments.
amendment gives local governments another choice.
with
The
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A SILL F®R AN ACT •
RELATING TO PROCUREMENT.
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1 SECTION 1. Section 103D-802, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "§103D-802 Cooperative purchasing aut`tiorized. A public
q procurement unit may either participate in, sponsor, conduct, or
5 administer a cooperative purchasing agreement for the
(, procurement of goods, services, or construction with one or more
7 public procurement units, external procurement units, or
g nonprofit private procurement units pursuant to [=u_c- ~'',d_pt~-a-a
9 ] an agreement entered into between the
10 participants. The cooperative purchasing may include, but shall
11 not be limited to, joint or multi-party contracts between public
12 procurement units, and state public procurement unit
13 requirements contracts which are made available to local public
14 procurement units. Cooperative purchasing agreements may be
15 exempt from preferences pursuant to part X.
16 SECTION 2. Statutory material to be deleted is bracketed
17 and in strikethrough.
18 SECTION 3. This Act shall take effect upon its approval.
07-239a
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Z ~I INTRODUCED BY:
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07,-239a
JUSTIFICATION Sg]EET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO TRAFFIC INFRACTIONS
PURPOSE: To require the State to transfer a portion of the fines and forfeitures
collected for uncontested traffic infractions to the county in which
the violations occurred
MEANS: Create a new chapter, 291F, "Transmittal of Uncontested Traffic
Fines and Forfeitures to Counties," and amend section 291C-
171(a), Hawaii Revised Statutes
JUSTIFICATION: While the counties are responsible for enforcement, revenues
accruing from violations of the S~tewide Traffic Code are paid
solely to the State. Traffic citations are issued by police officers
whose costs, including salaries, equipment, and administrative
support, are funded by the counties. Allowing each county to
receive the fines and forfeitures generated as a result of county
enforcement of traffic laws is fair and will provide the counties a
much-needed modicum of financial relief from the State. The
measure specifically excludes those fines and forfeitures accruing
from State-enforced violations, which do not involve the
expenditure of County resources. .
When traffic violations remain uncontested, there is no need to
resort to the State courts. The burden on State-funded personnel
and resources is, therefore, minimized: The bill seeks solely to
have those fines and forfeitures paid by offenders without contest
transferred to the county in which the infraction occurred.
Authorizing the counties to collect such fines and forfeitures would
provide the counties with a dedicated revenue source and diversify
the counties' revenue bases. As a result; the measure would help
to stabilize the counties' budgets and promote the viability of the
counties' public services, including the provision of traffic-safety
improvements.
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RELATING TO TRAFFIC INFRACTIONS.
~- A SILL F®R AN ACT
~E IT E1~1ACT'EI9 ~~' T1~+ I.EGISLATIJI~E ®F' T~ ST~4.TE ®I+' AAWAII:
BISECTION 1. The Hawaii Revised Statutes is amended b
adding a new chapter to be appropriately designated and t~
as flllows:
"CHAPTER
i
TRANSMITTAL OF UNCONTESTED TRAFFIC FINES
AND FORFEITURES TO COUNTIES
Sec. 291F-A Definitions. For.purposes of this chaps
unless the context clearly requires otherwise:
"Traffic infractions" means the same as defined unde
i
section 291D-2.
,j"Uncontested traffic infraction" means a traffic inf
for which the person noticed under section 291D-5 does no
contest the infraction. A person "does not contest" an
~;
in
pers~
pays i
~tion if, in accordance with section 291D-6(b)(1), th
1 admits the commission of the infraction without
sting a hearing to explain mitigating circumstances a.
~r remits bail forfeiture by mail within thirty days.
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Page 2
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1 Sec. 291F-B Transmittal of fines and forfeitures. (a) The
2 state director of finance shall transmit to each county not more
3 than thirty days after the end of each fiscal quarter per
4 cent of all the fines and forfeitures collected for uncontested
5 traffic infractions committed in that county which are in excess
6 of amounts required by the State to pay the administrative costs
7 of the traffic violations bureau. ..
g (b) Subsection (a) shall not apply to:
9 (1) Fines and forfeitures for violations that occur on
10 state off-street parking facilities, parks, airports,
11 and harbors that are subject to enforcement by the
12 State; and
13 (2) Fines and forfeitures that are required by law to be
14 paid into a special, revolving, or trust fund.
15 No county shall be entitled to any portion of the fines and
16 forfeitures described in this subsection."
17 SECTION 2. Section 291C-171, Hawaii Revised Statutes, is
18 amended by amending subsection (a) to read as follows:
19 "(a) All fines and~fr~rfeitures collected upon conviction or
20 upon the forfeiture of bail of any person charged with a
21 violation of any section or provision of the state traffic laws
22 and all assessments collected relating to the commission of
3
o m
1 traffic infractions shall be paid to the director of finance of
2 they State .
3 I The judiciary shall identify those uncontested traffic
4 infractions as defined in section 291F-A. The dispositiin of
5 finlels and forfeitures paid to the state director of finance
6 shall be subject to section 291F-B "
7 ~ SECTION 3. In codifying the new sections added by section
8 1 of this Act, the revisor of statutes shall substitute
9 apprlfopriate section numbers for the letters used in designating
10 the new sections in this Act.
11 i SECTION 4. New statutory material is underscored.
12 IISECTION 5. This Act shall take effect on July 1, 2008.
13 I' INTRODUCED BY:
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HONOLULU CITY & COUNTY
. .C.R. NO.
CONCURRENT
RESOLUTION
URGING THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS TO ASSIST
THE COUNTIES IN NEGOTIATING AGREEMENTS GJITH PEG ACCESS
ORGANIZATIONS FOR A PORTION OF CABLE FRANCHISE FEES.
1 WHEREAS, Section 440G-8.2(f), Hawaii Revised Statutes,
2 states that cable operators shall designate three or more
3 channels for public, educational, or governmental use, and
4 Hawaii Administrative Rules section 16-131-34 states that each
5 cable operator shall mainain at least one specially designated
6 channel for government use; and
7
8 ~AHEREAS, government access programming is available to the
9 residents of each county of the State through the public,
10 educational, and governmental ("PEG") access organizations:
11 Olelo Community Television; Akaku: Maui Community Television;
12 Hoike: Kauai Community Television; and Na Leo O Hawaii; and
13
14 WHEREAS, the department of commerce and consumer affairs
15 requires a cable franchise fee from the local cable operators,
16 as authorized by the federal Cable Communications Act of 1984, a
17 portion of which is passed on to PEG access organizations; and
18
19 WHEREAS, the cable franchise fee required by the department
20 cf commerce and consumer affairs is a charge passed on by the
21 local cable operators to cable customers through their cable
22 bills; and
23
24 WHEREAS, the county councils currently use their counties'
25 general fund money, taken from property taxes and other sources,
26 to execute contracts with private television production
27 companies to produce council proceedings for broadcast through
28 PEG access organizations; and
R08-206 FD1.GK
Page 2
.C.R. NO.
1
2 WHEREAS, the public effectively is taxed twice to view
3 government programming by paying property taxes and by paying
4 their cable bills which include a charge to cover the cable
5 franchise fee; and
6
7 WHEREAS, since 1998, the Hawaii Educational Network
8 Consortium ("HENC"), representing public and private primary,
9 secondary and higher educational institutions, has entered into
10 an agreement with Olelo in which HENC has control of and awards
11 the porticn of the franchise fees collected for educational
12 purposes to various educational programming projects; and
13
14 WHEREAS, the production of council proceedings qualify for
15 and should be funded with the portion of the franchise fees
16 collected for government programming; and
17
18 WHEREAS, the HENC agreement with Olelo, as approved by the
19 department of commerce and consumer affairs, to provide
20 educational programming may provide a model for counties to
21 negotiate directly with PEG access organizations to receive a
22 portion of cable franchise fees collected for government
23 programming, thereby avoiding the use of property tax money for
24 production of government programming, including council
25 proceedings; now, therefore,
26
27 BE IT RESOLVED by the the _
28 concurring, that the department of commerce and consumer affairs
29 is urged to assist counties in negotiating agreements with PEG
30 access organizations for a portion of the franchise fees
31 collected for the purpose of government programming; and
32
33
R08-206 FD1.GK
Page 3
.C.R. NO.
1 BE IT FURTHER RESOLVED that certified copies of this
2 Concurrent Resolution be transmitted to the director of commerce
3 and consumer affairs, the governor, the mayor and council chair
4 of Hawaii County, the mayor and the council chair of the City
5 and County of Honolulu, the mayor and council chair of Kauai
6 County, the mayor and council chair of Maui County, and local
7 PEG access organizations: Olelo Community Television; Akaku:
8 Maui Community Television; Hoike: Kauai Community Television;
9 and Na Leo 0 Hawaii.
10
11
12 OFFERED BY:
R08-206 FD1.GK
.IUSTIFICA'l'ION SHEET
PROPOSER: I-Iawaii State Association of Counties
TI"fL,E: RELATII~TG TO TRAFFIC INFRACTIONS
PURPOSE: `fo require the State to transfer a portion of the fines and forfeitures
collected for uncontested traffic infractions to the county in which the
violations occuned.
MEANS: Create a new chapter, "Transmittal of Uncontested "Traffic Fines and
Forfeitures to Counties," and amend section 2910-171(x), Hawaii Revised
Statutes.
JUSTIFICATION: While the counties are responsible For enforcement, revenues accruing
from violations of the Statewide Traffic Code are paid solely to the State.
Traffic citations are issued by police officers whose costs, including
salaries, equipment, and administrative support, are funded by the
counties. Allowing each county to receive the fines and forfeitures
generated as a result of county enforcement of traffic laws is fair and will
provide the counties amuch-needed modicum of financial relief fram the
State. The measure specifically excludes those fines and forfeitures
accruing from State-enforced violations, which do not involve the
expenditure of County resources.
When traffic violations remain uncontested, there is no need to resort to
the State courts. The burden on State-funded personnel and resources is,
therefore, minimized. The bill seeks solely to have thvse fines and
forfeitures paid by offenders without contest transferred to the county in
which the infraction occurred..
Authorizing the counties to collect such fines and forfeitures would
provide the counties with a dedicated revenue source and diversify the
counties' revenue bases. As a result, the measure would help to stabilize
the counties' budgets and promote the viability of the counties' public
services, including the provision of trai'fic-safety improvements.
. B. NO.
A BILL FOR AN ACT
RELATING TO TRAFFIC INFRACTIONS.
I3E IT ENACTED I3Y TIDE LEGISLATURE OF TIIE STATE OF hIAWAII:
1 SECTION 1. The Hawaii Revised Statutes is amended by
2 adding a new chapter to be appropriately designated and to read
3 as follows:
4 "CHAPTER
5 TRANSMITTAL OF UNCONTESTED TRAFFIC FINES
6 AND FORFEITURES TO COUNTIES
7 ~ § -1 Definitions. For purposes of this chapter, unless
8 the context clearly requires otherwise:
9 "Traffic infractions" means the same as defined under ~
10 section 291D-2.
11 "Uncontested traffic infraction" means a traffic infraction
12 for which the person noticed under section 291D-5 does not
13 contest the infraction. A person "does not contest" an
14 infraction if, in accordance with section 291D-6(b)(1), the
15 person admits the commission of the infraction without
HSAC uradjudicated.gk
Page 2
.B. NO.
1 requesting a hearing to explain mitigating circumstances and
2 pays or remits bail forfeiture by mail within thirty days.
3 § -2 Transmittal of fines and forfeitures. (a) The state
4 director. of finance shall transmit to each county not more than
5 thirty days after the end of each fiscal quarter _~ per cent of
6 all the fines and forfeitures collected for uncontested traffic
7 infractions committed in that county which are in excess of
8 amounts required by the State to pay the administrative costs of
9 the traffic violations bureau.
10 (b) Subsection (a) shall not apply to:
11 (1) Fines and forfeitures for violations that occur on
12 state off-street parking facilities, parks, airports,
13 and harbors that are subject to enforcement by the
14 State; and
15 (2) Fines and forfeitures that are required by law to be
16 paid into a special, revolving, or trust fund.
17 No county shall be entitled to any portion of the fines and
18 forfeitures described in this subsection."
19 SECTION 2. Section 291C-171, Hawaii Revised Statutes, is
20 amended by amending subsection (a) to read as follows:
21 "(a) All fines and forfeitures collected upon conviction or
22 upon the forfeiture of bail of any person charged with a
~isac unadjudica~ed.gk
Page 3 . ~ . ~ O .
1 violation of any section or provision of the state traffic laws
2 and all assessments collected relating to the commission of
3 traffic infractions shall be paid to the director of finance of
4 the State.
5 The judiciary shall identify those uncontested traffic
6 infractions as defined in section -l. The dis osition of
7 fines and forfeitures paid to the state director of finance
8 shall be subject to section -2."
9 SECTION 3. New statutory material is underscored.
10 SECTION 4. This Act shall take effect on July 1, 2009.
11 INTRODUCED BY;
HSAC unadjudicated.ak
.JUSTTF[CAT10N SHCI;T
PROPOSER: I-Iawaii State Association of Counties
TITLE: RELATING TO CRIMINAL HISTORY RECORD CFIECKS BY
COUNTIES
PURPOSE: 'I'o allow the counties to conduct criminal history record checks on taxicab
drivers and applicants for taxicab driver's certificates.
MEANS: Amend section 846-2.7, Hawaii Revised Statutes by amending subsection
(b). ,
JUSTIFICATION: Criminal history record checks are authorized to be conducted on
individuals in sensitive positions in government agencies, govermnent
contractors, and government regulated businesses, "I'he intent of
conducting criminal history record checks in certain areas of employment
is to protect vulnerable members of the public from harm that maybe
perpetrated by criminal offenders against them. These members of the
public include children and the elderly.
The taxicab industry is part of the statewide transportation system and
taxicab passengers, including children, the elderly, and tourists, reasonably
expect that the drivers are trustworthy. Allowing the cowity agencies that
regulate the taxicab industry to conduct criminal history record checks on
drivers will ensure proper vetting of applicants for taxicab driver's
certificates. Phis measure will increase the level of protection the public
expects from potential criminal acts. ,
.B. NO.
A BILL FOR AN ACT
RELATING TO CRIMINAL HISTORY RECORD CHECKS BX COUNTIES.
13E IT ENACTED I3Y THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 896-2.7, Hawaii Revised Statutes, is
2 amended by amending subsection (b) to read as follows:
3 "(b) Criminal history record checks may be conducted by:
4 (1) The department of health on operators of adult foster
5 homes or developmental disabilities domiciliary homes
6 and their employees, as provided by section 333F-22;
7 (2) The department of health on prospective employees,
8 persons seeking to serve as providers, or
9 subcontractors in positions that place them in direct
10 contact with clients when providing non-witnessed
11 direct mental health services as provided by section
12 321-171.5;.
13 (3) The department of health on all applicants for
14 licensure for, operators for, and prospective
15 employees, and volunteers at one or more of the
16 following: skilled nursing facility, intermediate
17 care facility, adult residential care home, expanded
HSAC criminal taxi.gk
Page 2
.B. NO.
1 adult residential care homes, assisted living
2 facility, home health agency, hospice, adult day
3 health center, special treatment facility, therapeutic
4 living program, intermediate care facility fcr the
5 mentally retarded, hospital, rural health center and
6 rehabilitation agency, and, in the case of any of the
7 above-related facilities operating in a private
8 residence, on any adult living in the facility other
9 than the client as provided by section 321-15.2;
10 (4) The department of education on employees, prospective
11 employees, and teacher trainees in any public school
12 in positions that necessitate close proximity to
13 children as provided by section 302A-601.5;
14 (5) The counties on employees and prospective employees
15 who may be in positions that place them in close
16 proximity to children in recreation or child care
17 programs and services;
18 (6) The county liquor commissions on applicants for liquor
19 licenses as provided by section 281-53.5;
20 (7) The department of human services on operators and
21 employees of child caring institutions, child placing
HSAC criminal taxi.gk
Page 3
~.B. NO.
1 organizations, and foster boarding homes as provided
2 by section 346-17;
3 (8) The department of human services on prospective
4 adoptive parents as established under section
5 346-19.7;
6 (9) The department of human services on applicants to
7 operate child care facilities, prospective employees
8 of the applicant, and new employees of the provider
9 after registration or licensure as provided by section
10 346-159;
11 (10) The department of human services on persons exempt
12 pursuant to section 346-152 to be eligible to provide
13 child care and receive child care subsidies as
14 provided by section 346-152.5;
15 (11) The department of human services on operators and
16 employees of home and community-based case management
17 agencies and operators and other adults, except for
18 adults in care, residing in foster family homes as
19 provided by section 346-335;
20 (12) The department of human services on staff members of
21 the Hawaii youth correctional facility as provided by
22 section 352-5.5;
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.B. NO.
1 (13) The department of human services on employees,
2 prospective employees, and volunteers of contracted
3 providers and subcontractors in positions that place
4 them in close proximity to youth when providing
5 services on behalf of the office or the Hawaii youth
6 correctional facility as provided by section 352D-9.3;
7 (14) The judiciary on employees and applicants at detention
8 and shelter facilities as provided by section 571-34;
9 (15) The department of public safety on employees and
10 prospective employees who are directly involved with
11 the ,treatment and care of persons committed to a
12 correctional facility or who possess police powers
13 including the power of arrest as provided by section
14 353C-5;
15 (16) The department of commerce and consumer affairs on
16 applicants for private detective or private guard
17 licensure as provided by section 463-9;
18 (17) Private schools and designated organizations on
19 employees and prospective employees who may be in
20 positions that necessitate close proximity to
21 children; provided that private schools and designated
22 organizations receive only indications of the states
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1 from which the national criminal history record
2 information was provided as provided by section
3 302C-1;
4 (18) The public library system on employees and prospective
5 employees whose positions place them iri close
6 proximity to children as provided by section 302A-
7 601.5;
8 (19) The State or any of its branches, political
9 subdivisions, or agencies on applicants and employees
10 holding a position that has the same type of contact
11 with children, dependent adults, or persons committed
12 to a correctional facility as other public employees
13 who hold positions that are authorized by law to
14 require criminal history record checks as a condition
15 of employment as provided by section 78-2.7;
16 (20) The department of human services on licensed adult day
17 care center operators, employees, new employees,
18 subcontracted service providers and their employees,
19 and adult volunteers as provided by section 346-97;
20 (21) The department of human services on purchase of
21 service contracted and subcontracted service providers
22 and their employees serving clients of the adult and
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1 community care services branch, as provided by section
2 396-97;
3 (22) The department of human services. on foster grandparent
4 program, senior companion program, and respite
5 companion program participants as provided by section
6 346-97;
7 (23) The department of human services on contracted and
8 subcontracted service providers and their current and
9 prospective employees that provide home and community-
10 based services under Section 1915(c) of the Social
11 Security Act (42 U.S.C. §1396n(c)), as provided by
12 section 396-97; [aid]
13 (24) The county agencies responsible for taxicab regulation
14 on taxicab drivers and applicants for taxicab driver's
15 certificates; and
16 [-{~4~-] (25) Any other organization, entity, or the State,
17 its branches, political subdivisions, or agencies as
18 may be authorized by state law."
19 SECTION 2. Statutory material to be repealed is•bracketed
20 and stricken. New statutory material is underscored.
21 SECTION 3. This Act shall take effect upon its approval.
22 INTRODUCED BY:
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