HomeMy WebLinkAbout2017-03-20 Letter to Gilbert Keith Agaran re HB 1031 Relating to Criminal History Record Checks JMveofs, •
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Mayor Barbara J.Kossow
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25 Aupuni Street,Suite 2603 • Hilo,Hawai'i 96720 • (808)961-8211 • Fax(808)961-6553
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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.
Gilbert Keith-Agaran
March 20, 2017
Page 2
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
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),
fand1(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:
County of Hawaii is an Equal Opportunity Provider and Employer.
Gilbert Keith-Agaran
March 20, 2017
Page 3
(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;(a ]
[(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."
We urge passage of this bill, with the requested, or comparable, amendments.
Respectfully submitted,
Harry Kim
Mayor
County of Hawaii is an Equal Opportunity Provider and Employer