2017-03-20 Letter to Gilbert Keith Agaran re HB 1031 Relating to Criminal History Record Checks

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JMveofs, • c + • NMI Okabe \ Managing Director Barry Kim ; s,; , :•• Mayor Barbara J.Kossow *14'14:+° 't`�: Deputy Managing Director OF 1416 CntiunfV Of Pa (iffirr of fife 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,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 March 20, 2017 Senator Gilbert S.C. Keith-Agaran, Chair Committee on Judiciary and Labor Hawai'i State Capitol Honolulu, HI 96813 Dear Chair Keith-Agaran and members: RE: HB 1031 HD 1 Relating to Criminal History Record Checks Thank you for the opportunity to testify in favor of HB 1031, but with very important amendments. In the Senate companion bill, SB 897, the Senate added to this measure, specifying that the counties also are authorized to conduct criminal history record checks of current employees, prospective employees, and contractors who have or will have access to federal tax information. The reasons are clear. SB 897, SD1 is needed legislation, but 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 HB 1031, HD1. 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 HB 1031, HD1. They are highlighted in yellow: County of Hawaii is an Equal Opportunity Provider and Employer.