HOUSE OF REPRESENTATIVES	H.B. NO.	2649
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to criminal history record checks.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 281, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§281-  Security employees of certain licensees; criminal history record checks. (a)  All class 2, class 5, class 11, class 12, class 14, and class 15 licensees shall:

(1) Obtain national and state criminal history record checks, in accordance with section 846-2.7, for all employees and prospective employees providing security services for the licensee; and

(2) Develop safeguards to protect against inadvertent or inappropriate disclosure of information obtained under this section.

The fee charged by the Hawaii criminal justice data center to perform criminal history record checks under this section may be passed on to the person upon whom the criminal history record check is performed.

(b)  Information obtained pursuant to this section shall be used exclusively by the licensee to determine whether an employee or prospective employee is suitable for employment to provide security services.

(c)  Licensees may deny employment on the basis of criminal conviction for an employee or prospective employee providing security services, if the licensee finds by reason of the nature and circumstances of the crime that the employee or prospective employee may pose a risk to the health, safety, or well-being of others while providing security services.

(d)  The State, the Hawaii criminal justice data center, and their respective officers and employees shall be immune from civil liability for:

(1) Any official government act, decision, or omission performed pursuant to this section that is not the result of gross negligence or wilful misconduct; and

(2) Any act, decision, omission, or use of the information by any licensee authorized to receive or who receives information pursuant to this section.

(e)  For the purposes of this section, "security services" means services with the primary duties of maintaining order and protecting persons and property from harm in and around the licensed premises of the licensee."

     SECTION 2.  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:

     (1)  The department of health on operators of adult foster homes or developmental disabilities domiciliary homes and their employees, as provided by section 333F-22;

     (2)  The department of health on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health services as provided by section 321-171.5;

     (3)  The department of health on all applicants for licensure for, operators for, and prospective employees, and volunteers at one or more of the following:  skilled nursing facility, intermediate care facility, adult residential care home, expanded adult residential care home, assisted living facility, home health agency, hospice, adult day health center, special treatment facility, therapeutic living program, intermediate care facility for the mentally retarded, hospital, rural health center and rehabilitation agency, and, in the case of any of the above-related facilities operating in a private residence, on any adult living in the facility other than the client as provided by section 321-15.2;

     (4)  The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by section 302A-601.5;

     (5)  The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;

     (6)  The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5;

(7) Liquor licensees on employees and prospective employees providing security services as provided by section 281-     ;

    [(7)] (8)  The department of human services on operators and employees of child caring institutions, child placing organizations, and foster boarding homes as provided by section 346-17;

    [(8)] (9)  The department of human services on prospective adoptive parents as established under section 346-19.7;

    [(9)] (10) The department of human services on applicants to operate child care facilities, prospective employees of the applicant, and new employees of the provider after registration or licensure as provided by section 346-154;

   [(10)] (11) The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies as provided by section 346-152.5;

   [(11)] (12) The department of human services on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in foster family homes as provided by section 346-335;

   [(12)] (13) The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;

   [(13)] (14) The department of human services on employees, prospective employees, and volunteers of contracted providers and subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office or the Hawaii youth correctional facility as provided by section 352D-4.3;

   [(14)] (15) The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;

   [(15)] (16) The department of public safety on employees and prospective employees who are directly involved with the treatment and care of persons committed to a correctional facility or who possess police powers including the power of arrest as provided by section 353C-5;

   [(16)] (17) The department of commerce and consumer affairs on applicants for private detective or private guard licensure as provided by section 463-9;

   [(17)] (18) Private schools and designated organizations on employees and prospective employees who may be in positions that necessitate close proximity to children; provided that private schools and designated organizations receive only indications of the states from which the national criminal history record information was provided pursuant to section 302C-1;

   [(18)] (19) The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A-601.5;

   [(19)] (20) The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, vulnerable adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7;

   [(20)] (21) The department of human services on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 346-97;

   [(21)] (22) The department of human services on purchase of service contracted and subcontracted service providers and their employees serving clients of the adult and community care services branch, as provided by section 346-97;

   [(22)] (23) The department of human services on foster grandparent program, retired and senior volunteer program, senior companion program, and respite companion program participants as provided by section 346-97;

   [(23)] (24) The department of human services on contracted and subcontracted service providers and their current and prospective employees that provide home and community-based services under Section 1915(c) of the Social Security Act (Title 42 United States Code Section 1396n(c)), or under any other applicable section or sections of the Social Security Act for the purposes of providing home and community-based services, as provided by section 346-97;

   [(24)] (25) The department of commerce and consumer affairs on proposed directors and executive officers of a bank, savings bank, savings and loan association, trust company, and depository financial services loan company as provided by section 412:3-201;

   [(25)] (26) The department of commerce and consumer affairs on proposed directors and executive officers of a nondepository financial services loan company as provided by section 412:3-301;

   [(26)] (27) The department of commerce and consumer affairs on the original chartering applicants and proposed executive officers of a credit union as provided by section 412:10-103;

   [(27)] (28) The department of commerce and consumer affairs on:

         (A)  Each principal of every non-corporate applicant for a money transmitter license; and

         (B)  The executive officers, key shareholders, and managers in charge of a money transmitter's activities of every corporate applicant for a money transmitter license,

          as provided by section 489D-9;

   [(28)] (29) The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;

   [(29)] (30) The Hawaii health systems corporation on:

         (A)  Employees;

         (B)  Applicants seeking employment;

         (C)  Current or prospective members of the corporation board or regional system board; or

         (D)  Current or prospective volunteers, providers, or contractors,

          in any of the corporation's health facilities as provided by section 323F-5.5;

  [[(30)]]     (31) The department of commerce and consumer affairs on an applicant for a mortgage loan originator's license as provided by chapter 454F; and

  [[(31)]]     (32) Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 2, 2010.

INTRODUCED BY:

_____________________________

Report Title:

Liquor Licensees; Security Employees; Criminal History Record Checks

Description:

Requires certain liquor licensees who serve alcohol on their premises to conduct criminal history record checks on security employees.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.