HomeMy WebLinkAbout2017-02-22 Mayor Harry Kim's Testimony re SB 897, SD1 •
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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.
Jill Tokuda
Ways and Means Committee
February 22, 2017
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),
jan€1l(38),and (49);
SECTION [6](7). 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:
(48) The child support enforcement agency on current and prospective employees
and contractors that have access to federal tax information in order to comply with
federal law, regulation, or procedure;[andl
[(45-)] (49) The various County agencies on current and prospective employees and
contractors that have access to federal tax information in order to comply with federal
law, regulation, or procedure; and
(50) Any other organization, entity, or the State, its branches, political subdivisions, or
agencies as may be authorized by state law."
County of Hawaii is an Equal Opportunity Provider and Employer.
Jill Tokuda
Ways and Means Committee
February 22, 2017
We urge passage of this bill, with the requested, or comparable, amendments.
Respectfully submitted,
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Harry Kim
Mayor
County of Hawaii is an Equal Opportunity Provider and Employer.