STAND

STAND. COM. REP. 555

Honolulu, Hawaii

, 2003

RE: H.B. No. 925

H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 925, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ELDER ABUSE,"

begs leave to report as follows:

The purpose of this bill as received is to permit the Department of Health and Department of Human Services to require criminal history record checks and other background checks of operators, employees, and service providers in facilities that provide services to frail, elderly, or disabled adults.

The Kokua Council testified in support of the bill. The Departments of Health, Human Services, and the Attorney General testified in support of the intent of the bill.

Upon further consideration, your Committee has amended this bill by:

(1) Adding clarifying language to the new sections in sections 1 and 2 of the bill that the criminal history and background checks are to be done on operators and their employees and service providers who provide direct services to the frail, elderly, and disabled adults;

(2) Specifying that the Department of Health may suspend, revoke, or deny licensure for skilled nursing facilities, intermediate care facilities, adult residential care home, and assisted living facilities if a criminal history check indicates the person poses a threat to the health, safety, well-being of residents of those facilities.

(3) Removing foster grandparent program and child abuse perpetrator background checks because this is beyond the title of the bill;

(4) Authorizing fingerprinting checks through the Federal Bureau of Investigation (FBI);

(5) Increasing the Criminal History Improvement Revolving Fund appropriation ceiling to permit processing through the FBI;

(6) Adding a severability clause; and

(7) Making other technical, nonsubstantive amendments for style and clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 925, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 925, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

		____________________________ ERIC G. HAMAKAWA, Chair