2017-02-22 Mayor Harry Kim's Testimony re SB 897, SD1

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• •;NtYJOH1 .•. ° ! Wil Okabe j ��' Managing Director Harry Kim *i „t1* Mayor -- '�_i'_ • Barbara J.Kossow Deputy Managing Director OF MF (r.>iixuf r iif l. a ixai`i ®ffiri of fir Alavor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 February 22, 2017 Senator Jill Tokuda Ways and Means Committee Hawai'i State Capitol Honolulu, HI 96813 Dear Chair Tokuda and members: RE: SB 897, SD1 Thank you for this opportunity to generally support SB 897, SD1, but to request amendments. SB 897, SD1 is needed legislation, but it should be recognized that the new IRS regulation requiring background checks and FBI fingerprinting for all current and prospective employees will affect our county workers, too, creating the same issues as those raised by the various state agencies that are the subject of the current SD1. The counties are bound by Sections 378-2.5 and 846-2.7, HRS. Both those HRS sections limit the County's authority as to when and on whom we can conduct criminal background and history checks on current and prospective employees. The new IRS regulations are not currently referenced in either HRS section. Accordingly, my staff is suggesting two amendments to SB 897, SD1 . They are highlighted in yellow: Section 6. 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 ten-year period, excluding the period of incarceration, shall not apply to employers who County of Hawai`i is an Equal Opportunity Provider and Employer.