STAND. COM. REP. NO. 1379-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 3112

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Health, Human Services, & Homelessness, to which was referred S.B. No. 3112, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO BACKGROUND CHECKS,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Authorize the Department of Human Services to conduct comprehensive background checks on current and prospective employees, volunteers, and contractors, and a contractor's employees, agents, or volunteers in positions that require these individuals to be in close proximity to certain minors, young adults, or vulnerable adults; and

(2) Make housekeeping amendments for conformity with Act 133, Session Laws of Hawaii 2016.

Your Committee received testimony in support of this measure from the Department of Human Resources Development, Department of Human Services, and Hawaii Family Advocacy Team.

Your Committee finds that the current pre-employment background check process for the Department of Human Services includes a State of Hawaii name-based criminal history record check and relies on prospective new hires to self-report any convictions that occurred outside of the State. This measure enables the Department of Human Services to obtain information directly from the Federal Bureau of Investigation and Hawaii Criminal Justice Data Center. Your Committee further finds that moving to a comprehensive national and state fingerprint-based criminal history record check will ensure minors, young adults, and vulnerable adults are being served by individuals with reputable and responsible characters.

Accordingly, your Committee has amended this measure by:

(1) Deleting provisions relating to the Department of Health and Family Court that changed the term "foster boarding homes" with "resource family homes" as these amendments may be outside the scope of its title;

(2) Changing the effective date to July 1, 2060, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Health, Human Services, & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3112, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3112, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Health, Human Services, & Homelessness,

____________________________

RYAN I. YAMANE, Chair