STAND. COM. REP. NO. 139-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 1835
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committees on Human Services and Housing and Health, to
which was referred H.B. No. 1835 entitled: 

     "A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD
     CHECKS,"

beg leave to report as follows:

     The purpose of this bill is to make safer all of Hawaii's
dependent citizens by:

     (1)  Requiring the Department of Health (DOH) to request
          national and local criminal history checks on operators
          and employees of adult residential care facilities and
          nursing homes; 

     (2)  Requiring the Department of Human Services (DHS) to
          request national and local criminal record checks on
          operators and employees of home care agencies; and

     (4)  Establishing rules regarding the use of criminal record
          checks in the screening of applicants.

     The Hawaii State Commission on the Status of Women, Hawaii
Coalition for Affordable Long Term Care, Executive Office on
Aging, and AARP supported this bill.  DHS, DOH, and the State
Attorney General supported the intent of this bill.

     Your Committees find that this bill addresses important
personnel issues for various types of care centers.  These

 
 
                                 STAND. COM. REP. NO. 139-00
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agencies need to be able to ensure that their employees and
managers are trustworthy, and the criminal record check is an
effective means by which to discover important information about
the applicants and make prudent decisions regarding their
employability.  

     Your Committees have amended this bill by:

     (1)  Requiring that the DOH request criminal history checks
          on operators and employees of assisted living
          facilities;

     (2)  Requiring the DOH and and DHS to request criminal
          history checks on operators and employees of day care
          centers for elder disabled and aged persons instead of
          operators and employees of home care agencies;

     (3)  Requiring the DOH and DHS to perform fingerprinting
          services for criminal record checks;

     (4)  Allowing the DOH and DHS to charge fees for criminal
          record checks and fingerprinting services; and

     (5)  Making appropriations to the DOH and DHS for
          administrative costs associated with criminal record
          checks and fingerprinting services.

     Your Committees further find that the amendments to the bill
address a variety of additional concerns associated with these
criminal record checks.  Decentralizing the fingerprinting
services within the DOH and DHS will facilitate the criminal
record check process.

     Additional changes were also made, including clarifying the
agencies that are covered by the bill, and authorizing fees and
making appropriations to cover the costs which will be incurred
by the DOH and DHS.

     As affirmed by the records of votes of the members of your
Committees on Human Services and Housing and Health that are
attached to this report, your Committees are in accord with the
intent and purpose of H.B. No. 1835, as amended herein, and
recommend that it pass Second Reading in the form attached hereto
as H.B. No. 1835, H.D. 1, and be referred to the Committee on
Judiciary and Hawaiian Affairs.


 
 
 
                                 STAND. COM. REP. NO. 139-00
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Human Services
                                   and Housing and Health,

                                   
                                   
                                   
                                   
______________________________     ______________________________
ALEXANDER C. SANTIAGO, Chair       DENNIS ARAKAKI, Chair