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Home My WebLink About2017-03-29 Letter to Jill Tokuda re HB 1031 HD 1 SD 1 - Criminal History Record Checks 4oJMtr'cr Hg`s Wil Okabe Managing Director Harry Kim •t11�� ft:* Mayor � �. — – Barbara J. Kossow Q•.;;�r�o".•*\_ Deputy Managing Director Cm** r of lia z`i Off-kr of ttgror 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 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 29, 2017 Senator Jill N. Tokuda, Chair Committee on Ways and Means Hawai'i State Capitol Honolulu, HI 96813 Dear Chair Tokuda and Members: RE: HB 1031, HD 1, SD 1 Relating to Criminal History Record Checks Thank you for the opportunity to testify in favor of the intent of HB 1031, but requesting very important amendments. In the Senate companion bill, SB 897, the Senate added language 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. HB1031 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, 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 HB 1031 , HD1, SD1. They are highlighted in yellow: County of Hawai`i is an Equal Opportunity Provider and Employer. Jill Tokuda March 29, 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 lob 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), fafld1(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. Jill Tokuda March 29, 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:fa #1 R-4-54] (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, Af2-(0, Harry Kim Mayor County of Hawaii is an Equal Opportunity Provider and Employer.