HB 991: ATG; Criminal History Record Checks
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-04-24
Current Status:
In Progress
(2025-05-27: Act 083, on 05/27/2025 (Gov. Msg. No. 1183).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
This bill clarifies that contractors, contractor employees, and subcontractors who have access to federal tax information held by the Department of the Attorney General may be required to undergo fingerprint-based background checks. It replaces the vague phrase "agents of contractors" in state law with those specific categories so it is clear who can be subject to the checks.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Clarifies that contractors, contractor's employees, and subcontractors who have access to federal tax information held by the Department of the Attorney General may be subject to fingerprint-based background checks. (CD1)
Deletes the term "agent of the contractor" in sections 28-17 and 846-2.7, HRS. Clarifies that contractors, contractor's employees, and subcontractors who have access to federal tax information held by the Department of the Attorney General may be subject to fingerprint-based background checks. (SD1)
Clarifies that the Department of the Attorney General may conduct fingerprint-based background checks through the Federal Bureau of Investigation on contractors and contractors' employees. (HD1)
Deletes the term "agent of the contractor" in sections 28-17 and 846-2.7, HRS, to comply with requirements of the Federal Bureau of Investigation. The Federal Bureau of Investigation deemed the term overly broad for purposes of accessing its criminal history background information. Clarifies that "contractor's employees" who have access to federal tax information held by the Department of the Attorney General may be subject to fingerprint-based background checks.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
991 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO CRIMINAL HISTORY RECORD CHECKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Internal Revenue Service requires fingerprint-based background checks on current and prospective employees and contractors who receive access to federal tax information. Authorization to access fingerprint‑based background checks is provided through state statute approved by the Federal Bureau of Investigation. Act 35, Session Laws of Hawaii 2021, established sections 28-17 and 846‑2.7(b)(49), Hawaii Revised Statutes, to authorize the department of the attorney general to conduct fingerprint-based background checks through the Federal Bureau of Investigation on current or prospective employees or employees or agents of contractors. Upon review of section 846-2.7(b)(49), Hawaii Revised Statutes, the Federal Bureau of Investigation determined that the statute failed the requirement of identifying the specific category of persons falling within the statute's purview, as the term "agents of contractors" was overly broad and not defined in the statute.
Accordingly, the purpose of this Act is to repeal the term "agents of contractors" and clarify that a contractor, contractor's employee, or subcontractor who has access to federal tax information held by the department of the attorney general may be subject to fingerprint-based background checks.
SECTION 2. Section 28-17, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b)
The department of the attorney general
may terminate or deny employment to any current or prospective employee, or
terminate or refuse to secure the services of any contractor, if the department
of the attorney general finds by reason of the background investigation
conducted under subsection (a) that the current or prospective employee [or
employee or agent of the], contractor, contractor's
employee, or subcontractor poses a risk to the security of federal tax
information. Termination or denial of
employment, or termination or refusal to secure the services of any contractor,
under this subsection, shall only occur after appropriate notification to the
current or prospective employee [or employee or agent of the],
contractor, contractor's employee, or subcontractor of the findings of
the background investigation, and after the current or prospective employee [or
employee or agent of the], contractor, contractor's employee, or
subcontractor is given an opportunity to meet and rebut the findings. Nothing in this subsection shall abrogate any
applicable appeal rights under chapters 76 and 89 or administrative rules of
the department of the attorney general."
SECTION 3. 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 or its designee on operators of adult foster homes for individuals with developmental disabilities or developmental disabilities domiciliary homes and their employees, as provided by section 321-15.2;
(2) The department of health or its designee 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 or health care services, as provided by section 321-171.5;
(3) The department of health or its designee on all applicants for licensure or certification for, operators for, prospective employees, adult volunteers, and all adults, except adults in care, at healthcare facilities as defined in 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) The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;
(8) The department of human services on operators and employees of child caring institutions, child placing organizations, and resource family homes, as provided by section 346-17;
(9) The department of human services on prospective adoptive parents as established under section 346-19.7;
(10) The department of human services or its designee on applicants to operate child care facilities, household members of the applicant, prospective employees of the applicant, and new employees and household members of the provider after registration or licensure, as provided by section 346-154, and persons subject to section 346-152.5;
(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;
(12) The department of health on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes, as provided by section 321-15.2;
(13) The department of human services on staff members of the Hawaii youth correctional facility, as provided by section 352-5.5;
(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 of youth services or the Hawaii youth correctional facility, as provided by section 352D-4.3;
(15) The judiciary on employees and applicants at detention and shelter facilities, as provided by section 571-34;
(16) The department of corrections and rehabilitation on employees and prospective employees, volunteers, contract service providers, and subcontract service providers who are directly involved with the treatment and care of, or directly involved in providing correctional programs and services to, persons committed to a correctional facility, or placed in close proximity to persons committed when providing services on behalf of the department or the correctional facility, as provided by section 353-1.5, and the department of law enforcement on employees and prospective employees whose duties involve or may involve the exercise of police powers including the power of arrest, as provided by section 353C-5;
(17) The board of private detectives and guards on applicants for private detective or private guard licensure, as provided by section 463-9;
(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;
(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;
(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;
(21) The department of health on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers, as provided by section 321-15.2;
(22) The department of human services on purchase of service contracted and subcontracted service providers and their employees and volunteers, as provided by sections 346-2.5 and 346-97;
(23) The department of human services on foster grandparent program, senior companion program, and respite companion program participants, as provided by section 346-97;
(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;
(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;
(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;
(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;
(28) The department of commerce and consumer affairs on:
(A) Each principal of every non-corporate applicant for a money transmitter license;
(B) Each person who upon approval of an application by a corporate applicant for a money transmitter license will be a principal of the licensee; and
(C) Each person who upon approval of an application requesting approval of a proposed change in control of licensee will be a principal of the licensee,
as provided by sections 489D-9 and 489D-15;
(29) The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;
(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;
(31) The department of commerce and consumer affairs on:
(A) An applicant for a mortgage loan originator license, or license renewal; and
(B) Each control person, executive officer, director, general partner, and managing member of an applicant for a mortgage loan originator company license or license renewal,
as provided by chapter 454F;
(32) The state public charter school commission or public charter schools on employees, teacher trainees, prospective employees, and prospective teacher trainees in any public charter school for any position that places them in close proximity to children, as provided in section 302D-33;
(33) The counties on prospective employees who work with children, vulnerable adults, or senior citizens in community-based programs;
(34) The counties on prospective employees for fire department positions that involve contact with children or vulnerable adults;
(35) The counties on prospective employees for emergency medical services positions that involve contact with children or vulnerable adults;
(36) The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable citizens during emergencies or crises;
(37) The State and counties on employees, prospective employees, volunteers, and contractors whose position responsibilities require unescorted access to secured areas and equipment related to a traffic management center;
(38) The State and counties on employees and prospective employees whose positions involve the handling or use of firearms for other than law enforcement purposes;
(39) The State and counties on current and prospective systems analysts and others involved in an agency's information technology operation whose position responsibilities provide them with access to proprietary, confidential, or sensitive information;
(40) The department of commerce and consumer affairs on:
(A) Applicants for real estate appraiser licensure or certification, as provided by chapter 466K;
(B) Each person who owns more than ten per cent of an appraisal management company who is applying for registration as an appraisal management company, as provided by section 466M-7; and
(C) Each of the controlling persons of an applicant for registration as an appraisal management company, as provided by section 466M-7;
(41) The department of health or its designee on:
(A) Individual applicants or individuals acting on behalf of applying entities for hemp processor permits, as provided under section 328G-2; and
(B) All license applicants, licensees, employees, contractors, and prospective employees of medical cannabis dispensaries, and individuals permitted to enter and remain in medical cannabis dispensary facilities, as provided under sections 329D-15(a)(4) and 329D-16(a)(3);
(42) The department of commerce and consumer affairs on applicants for nurse licensure or license renewal, reactivation, or restoration, as provided by sections 457-7, 457-8, 457-8.5, and 457-9;
(43) The county police departments on applicants for permits to acquire firearms pursuant to section 134-2, on individuals registering their firearms pursuant to section 134-3, and on applicants for new or renewed licenses to carry a pistol or revolver and ammunition pursuant to section 134-9;
(44) The department of commerce and consumer affairs on:
(A) Each of the controlling persons of the applicant for licensure as an escrow depository, and each of the officers, directors, and principals who will be in charge of the escrow depository's activities upon licensure; and
(B) Each of the controlling persons of an applicant for proposed change in control of an escrow depository licensee, and each of the officers, directors, and principals who will be in charge of the licensee's activities upon approval of the application,
as provided by chapter 449;
(45) The department of taxation on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 231-1.6;
(46) The department of labor and industrial relations on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 383-110;
(47) The department of human services on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, and on current or prospective employees, volunteers, contractors, or contractors' employees or volunteers, subcontractors, or subcontractors' employees or volunteers, whose position places or would place them in close proximity to minors, young adults, or vulnerable adults, as provided by section 346-2.5;
(48) The
child support enforcement agency on current or prospective employees, or
contractors who have access to federal tax information [in order] to
comply with federal law, regulation, or procedure, as provided by section
576D-11.5;
(49) The
department of the attorney general on current or prospective employees [or
employees or agents of], contractors, contractor's
employees, or subcontractors who have access to federal tax information to
comply with [requirements of] federal law, regulation, or procedure, as
provided by section 28-17;
(50) The department of commerce and consumer affairs on each control person, executive officer, director, general partner, and managing member of an installment loan licensee, or an applicant for an installment loan license, as provided in chapter 480J;
(51) The university of Hawaii on current and prospective employees and contractors whose duties include ensuring the security of campus facilities and persons; and
(52) Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval; provided that the amendments made to section 846-2.7(b), Hawaii Revised Statutes, by this Act shall not be repealed when section 846-2.7(b), Hawaii Revised Statutes, is reenacted on July 1, 2027, pursuant to section 4 of Act 110, Session Laws of Hawaii 2024.
Report Title:
ATG; Criminal History Record Checks
Description:
Clarifies that contractors, contractor's employees, and subcontractors who have access to federal tax information held by the Department of the Attorney General may be subject to fingerprint-based background checks. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
991 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
|
|
STATE OF HAWAII |
S.D. 1 |
|
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|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CRIMINAL HISTORY RECORD CHECKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Internal Revenue Service requires fingerprint-based background checks on current and prospective employees and contractors who receive access to federal tax information. Authorization to access fingerprint‑based background checks is provided through state statute approved by the Federal Bureau of Investigation. Act 35, Session Laws of Hawaii 2021, amended sections 28-17 and 846‑2.7(b)(49), Hawaii Revised Statutes, to authorize the department of the attorney general to conduct fingerprint-based background checks through the Federal Bureau of Investigation on current or prospective employees or employees or agents of contractors. Upon review of section 846-2.7(b)(49), Hawaii Revised Statutes, the Federal Bureau of Investigation determined that the statute failed the requirement of identifying the specific category of persons falling within the statute's purview, as the term "agents of contractors" was overly broad and not defined in the statute.
Accordingly, the purpose of this Act is to delete the term "agents of contractor" and clarify that a contractor, contractor's employee, or subcontractor who has access to federal tax information held by the department of the attorney general may be subject to fingerprint-based background checks.
SECTION 2. Section 28-17, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b)
The department of the attorney general
may terminate or deny employment to any current or prospective employee, or
terminate or refuse to secure the services of any contractor, if the department
of the attorney general finds by reason of the background investigation
conducted under subsection (a) that the current or prospective employee [or
employee or agent of the], contractor, contractor's
employee, or subcontractor poses a risk to the security of federal tax
information. Termination or denial of
employment, or termination or refusal to secure the services of any contractor,
under this subsection, shall only occur after appropriate notification to the
current or prospective employee [or employee or agent of the],
contractor, contractor's employee, or subcontractor of the findings of
the background investigation, and after the current or prospective employee [or
employee or agent of the], contractor, contractor's employee, or
subcontractor is given an opportunity to meet and rebut the findings. Nothing in this subsection shall abrogate any
applicable appeal rights under chapters 76 and 89 or administrative rules of
the department of the attorney general."
SECTION 3. 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 or its designee on operators of adult foster homes for individuals with developmental disabilities or developmental disabilities domiciliary homes and their employees, as provided by section 321-15.2;
(2) The department of health or its designee 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 or health care services as provided by section 321-171.5;
(3) The department of health or its designee on all applicants for licensure or certification for, operators for, prospective employees, adult volunteers, and all adults, except adults in care, at healthcare facilities as defined in 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) The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;
(8) The department of human services on operators and employees of child caring institutions, child placing organizations, and resource family homes as provided by section 346-17;
(9) The department of human services on prospective adoptive parents as established under section 346-19.7;
(10) The department of human services or its designee on applicants to operate child care facilities, household members of the applicant, prospective employees of the applicant, and new employees and household members of the provider after registration or licensure as provided by section 346-154, and persons subject to section 346-152.5;
(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;
(12) The department of health on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes as provided by section 321-15.2;
(13) The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;
(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;
(15) The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;
(16) The department of corrections and rehabilitation on employees and prospective employees, volunteers, contract service providers, and subcontract service providers who are directly involved with the treatment and care of, or directly involved in providing correctional programs and services to, persons committed to a correctional facility, or placed in close proximity to persons committed when providing services on behalf of the department or the correctional facility, as provided by section 353-1.5 and the department of law enforcement on employees and prospective employees whose duties involve or may involve the exercise of police powers including the power of arrest as provided by section 353C-5;
(17) The board of private detectives and guards on applicants for private detective or private guard licensure as provided by section 463-9;
(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;
(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;
(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;
(21) The department of health on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 321-15.2;
(22) The department of human services on purchase of service contracted and subcontracted service providers and their employees and volunteers, as provided by sections 346-2.5 and 346-97;
(23) The department of human services on foster grandparent program, senior companion program, and respite companion program participants as provided by section 346-97;
(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;
(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;
(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;
(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;
(28) The department of commerce and consumer affairs on:
(A) Each principal of every non-corporate applicant for a money transmitter license;
(B) Each person who upon approval of an application by a corporate applicant for a money transmitter license will be a principal of the licensee; and
(C) Each person who upon approval of an application requesting approval of a proposed change in control of licensee will be a principal of the licensee,
as provided by sections 489D-9 and 489D-15;
(29) The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;
(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;
(31) The department of commerce and consumer affairs on:
(A) An applicant for a mortgage loan originator license, or license renewal; and
(B) Each control person, executive officer, director, general partner, and managing member of an applicant for a mortgage loan originator company license or license renewal,
as provided by chapter 454F;
(32) The state public charter school commission or public charter schools on employees, teacher trainees, prospective employees, and prospective teacher trainees in any public charter school for any position that places them in close proximity to children, as provided in section 302D-33;
(33) The counties on prospective employees who work with children, vulnerable adults, or senior citizens in community-based programs;
(34) The counties on prospective employees for fire department positions that involve contact with children or vulnerable adults;
(35) The counties on prospective employees for emergency medical services positions that involve contact with children or vulnerable adults;
(36) The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable citizens during emergencies or crises;
(37) The State and counties on employees, prospective employees, volunteers, and contractors whose position responsibilities require unescorted access to secured areas and equipment related to a traffic management center;
(38) The State and counties on employees and prospective employees whose positions involve the handling or use of firearms for other than law enforcement purposes;
(39) The State and counties on current and prospective systems analysts and others involved in an agency's information technology operation whose position responsibilities provide them with access to proprietary, confidential, or sensitive information;
(40) The department of commerce and consumer affairs on:
(A) Applicants for real estate appraiser licensure or certification as provided by chapter 466K;
(B) Each person who owns more than ten per cent of an appraisal management company who is applying for registration as an appraisal management company, as provided by section 466M-7; and
(C) Each of the controlling persons of an applicant for registration as an appraisal management company, as provided by section 466M-7;
(41) The department of health or its designee on:
(A) Individual applicants or individuals acting on behalf of applying entities for hemp processor permits as provided under section 328G-2; and
(B) All license applicants, licensees, employees, contractors, and prospective employees of medical cannabis dispensaries, and individuals permitted to enter and remain in medical cannabis dispensary facilities as provided under sections 329D-15(a)(4) and 329D-16(a)(3);
(42) The department of commerce and consumer affairs on applicants for nurse licensure or license renewal, reactivation, or restoration as provided by sections 457-7, 457-8, 457-8.5, and 457-9;
(43) The county police departments on applicants for permits to acquire firearms pursuant to section 134-2, on individuals registering their firearms pursuant to section 134-3, and on applicants for new or renewed licenses to carry a pistol or revolver and ammunition pursuant to section 134-9;
(44) The department of commerce and consumer affairs on:
(A) Each of the controlling persons of the applicant for licensure as an escrow depository, and each of the officers, directors, and principals who will be in charge of the escrow depository's activities upon licensure; and
(B) Each of the controlling persons of an applicant for proposed change in control of an escrow depository licensee, and each of the officers, directors, and principals who will be in charge of the licensee's activities upon approval of the application,
as provided by chapter 449;
(45) The department of taxation on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 231-1.6;
(46) The department of labor and industrial relations on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 383-110;
(47) The department of human services on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, and on current or prospective employees, volunteers, contractors, or contractors' employees or volunteers, subcontractors, or subcontractors' employees or volunteers, whose position places or would place them in close proximity to minors, young adults, or vulnerable adults, as provided by section 346-2.5;
(48) The
child support enforcement agency on current or prospective employees or
contractors who have access to federal tax information [in order] to
comply with federal law, regulation, or procedure, as provided by section
576D-11.5;
(49) The
department of the attorney general on current or prospective employees [or
employees or agents of], contractors, contractor's
employees, or subcontractors who have access to federal tax information to
comply with [requirements of] federal law, regulation, or procedure, as
provided by section 28-17;
(50) The department of commerce and consumer affairs on each control person, executive officer, director, general partner, and managing member of an installment loan licensee, or an applicant for an installment loan license, as provided in chapter 480J;
(51) The university of Hawaii on current and prospective employees and contractors whose duties include ensuring the security of campus facilities and persons; and
(52) Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval; provided that the amendments made to section 846-2.7, Hawaii Revised Statutes, by this Act shall not be repealed when section 846-2.7, Hawaii Revised Statutes, is reenacted on July 1, 2027, pursuant to section 4 of Act 110, Session Laws of Hawaii 2024.
Report Title:
ATG; Criminal History Record Checks
Description:
Deletes the term "agent of the contractor" in sections 28-17 and 846-2.7, HRS. Clarifies that contractors, contractor's employees, and subcontractors who have access to federal tax information held by the Department of the Attorney General may be subject to fingerprint-based background checks. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
991 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
|
|
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:
The purpose of this Act clarify that the department of the attorney general may conduct fingerprint-based background checks through the Federal Bureau of Investigation on contractors and contractors' employees.
SECTION 2. Section 28-17, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department of the attorney general may
terminate or deny employment to any current or prospective employee, or
terminate or refuse to secure the services of any contractor, if the department
of the attorney general finds by reason of the background investigation
conducted under subsection (a) that the current or prospective employee,
contractor, or contractor's employee [or agent of the contractor]
poses a risk to the security of federal tax information. Termination or denial of employment, or termination
or refusal to secure the services of any contractor, under this subsection,
shall only occur after appropriate notification to the current or prospective
employee, contractor, or contractor's employee [or agent of
the contractor] of the findings of the background investigation, and after
the current or prospective employee, contractor, or contractor's employee
[or agent of the contractor] is given an opportunity to meet and rebut
the findings. Nothing in this subsection
shall abrogate any applicable appeal rights under chapters 76 and 89 or
administrative rules of the department of the attorney general."
SECTION 3. 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 or its designee on operators of adult foster homes for individuals with developmental disabilities or developmental disabilities domiciliary homes and their employees, as provided by section 321-15.2;
(2) The department of health or its designee 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 or health care services as provided by section 321-171.5;
(3) The department of health or its designee on all applicants for licensure or certification for, operators for, prospective employees, adult volunteers, and all adults, except adults in care, at healthcare facilities as defined in 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) The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;
(8) The department of human services on operators and employees of child caring institutions, child placing organizations, and resource family homes as provided by section 346-17;
(9) The department of human services on prospective adoptive parents as established under section 346-19.7;
(10) The department of human services or its designee on applicants to operate child care facilities, household members of the applicant, prospective employees of the applicant, and new employees and household members of the provider after registration or licensure as provided by section 346-154, and persons subject to section 346-152.5;
(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;
(12) The department of health on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes as provided by section 321-15.2;
(13) The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;
(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;
(15) The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;
(16) The department of corrections and rehabilitation on employees and prospective employees, volunteers, contract service providers, and subcontract service providers who are directly involved with the treatment and care of, or directly involved in providing correctional programs and services to, persons committed to a correctional facility, or placed in close proximity to persons committed when providing services on behalf of the department or the correctional facility, as provided by section 353-1.5 and the department of law enforcement on employees and prospective employees whose duties involve or may involve the exercise of police powers including the power of arrest as provided by section 353C-5;
(17) The board of private detectives and guards on applicants for private detective or private guard licensure as provided by section 463-9;
(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;
(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;
(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;
(21) The department of health on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 321-15.2;
(22) The department of human services on purchase of service contracted and subcontracted service providers and their employees and volunteers, as provided by sections 346-2.5 and 346-97;
(23) The department of human services on foster grandparent program, senior companion program, and respite companion program participants as provided by section 346-97;
(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;
(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;
(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;
(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;
(28) The department of commerce and consumer affairs on:
(A) Each principal of every non-corporate applicant for a money transmitter license;
(B) Each person who upon approval of an application by a corporate applicant for a money transmitter license will be a principal of the licensee; and
(C) Each person who upon approval of an application requesting approval of a proposed change in control of licensee will be a principal of the licensee,
as provided by sections 489D-9 and 489D-15;
(29) The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;
(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;
(31) The department of commerce and consumer affairs on:
(A) An applicant for a mortgage loan originator license, or license renewal; and
(B) Each control person, executive officer, director, general partner, and managing member of an applicant for a mortgage loan originator company license or license renewal,
as provided by chapter 454F;
(32) The state public charter school commission or public charter schools on employees, teacher trainees, prospective employees, and prospective teacher trainees in any public charter school for any position that places them in close proximity to children, as provided in section 302D-33;
(33) The counties on prospective employees who work with children, vulnerable adults, or senior citizens in community-based programs;
(34) The counties on prospective employees for fire department positions that involve contact with children or vulnerable adults;
(35) The counties on prospective employees for emergency medical services positions that involve contact with children or vulnerable adults;
(36) The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable citizens during emergencies or crises;
(37) The State and counties on employees, prospective employees, volunteers, and contractors whose position responsibilities require unescorted access to secured areas and equipment related to a traffic management center;
(38) The State and counties on employees and prospective employees whose positions involve the handling or use of firearms for other than law enforcement purposes;
(39) The State and counties on current and prospective systems analysts and others involved in an agency's information technology operation whose position responsibilities provide them with access to proprietary, confidential, or sensitive information;
(40) The department of commerce and consumer affairs on:
(A) Applicants for real estate appraiser licensure or certification as provided by chapter 466K;
(B) Each person who owns more than ten per cent of an appraisal management company who is applying for registration as an appraisal management company, as provided by section 466M-7; and
(C) Each of the controlling persons of an applicant for registration as an appraisal management company, as provided by section 466M-7;
(41) The department of health or its designee on:
(A) Individual applicants or individuals acting on behalf of applying entities for hemp processor permits as provided under section 328G-2; and
(B) All license applicants, licensees, employees, contractors, and prospective employees of medical cannabis dispensaries, and individuals permitted to enter and remain in medical cannabis dispensary facilities as provided under sections 329D-15(a)(4) and 329D-16(a)(3);
(42) The department of commerce and consumer affairs on applicants for nurse licensure or license renewal, reactivation, or restoration as provided by sections 457-7, 457-8, 457-8.5, and 457-9;
(43) The county police departments on applicants for permits to acquire firearms pursuant to section 134-2, on individuals registering their firearms pursuant to section 134-3, and on applicants for new or renewed licenses to carry a pistol or revolver and ammunition pursuant to section 134-9;
(44) The department of commerce and consumer affairs on:
(A) Each of the controlling persons of the applicant for licensure as an escrow depository, and each of the officers, directors, and principals who will be in charge of the escrow depository's activities upon licensure; and
(B) Each of the controlling persons of an applicant for proposed change in control of an escrow depository licensee, and each of the officers, directors, and principals who will be in charge of the licensee's activities upon approval of the application,
as provided by chapter 449;
(45) The department of taxation on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 231-1.6;
(46) The department of labor and industrial relations on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 383-110;
(47) The department of human services on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, and on current or prospective employees, volunteers, contractors, or contractors' employees or volunteers, subcontractors, or subcontractors' employees or volunteers, whose position places or would place them in close proximity to minors, young adults, or vulnerable adults, as provided by section 346-2.5;
(48) The child support enforcement agency on
current or prospective employees, or contractors who have access to federal tax
information [in order] to comply with federal law, regulation, or
procedure, as provided by section 576D-11.5;
(49) The department of the attorney general on
current or prospective employees, contractors, or contractor's employees
[or agents of contractors], who have access to federal tax
information to comply with [requirements of] federal law, regulation, or
procedure, as provided by section 28-17;
(50) The department of commerce and consumer affairs on each control person, executive officer, director, general partner, and managing member of an installment loan licensee, or an applicant for an installment loan license, as provided in chapter 480J;
(51) The university of Hawaii on current and prospective employees and contractors whose duties include ensuring the security of campus facilities and persons; and
(52) Any other organization[,] or
entity[,] or the State, its branches, political subdivisions, or
agencies as may be authorized by state law."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval; provided that the amendments made to section 846-2.7(b), Hawaii Revised Statutes, by this Act shall not be repealed when section 846-2.7(b), Hawaii Revised Statutes, is reenacted on July 1, 2027, pursuant to section 4 of Act 110, Session Laws of Hawaii 2024.
Report Title:
ATG; Criminal History Record Checks
Description:
Clarifies that the Department of the Attorney General may conduct fingerprint-based background checks through the Federal Bureau of Investigation on contractors and contractors' employees. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
991 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIMINAL HISTORY RECORD CHECKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to delete the term "agents of contractors" in sections 28-17 and 846-2.7(b)(49), Hawaii Revised Statutes, to comply with the requirement of the Federal Bureau of Investigation for fingerprint-based background checks.
SECTION 2. Section 28-17, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department of the attorney general may
terminate or deny employment to any current or prospective employee, or
terminate or refuse to secure the services of any contractor, if the department
of the attorney general finds by reason of the background investigation
conducted under subsection (a) that the current or prospective employee,
contractor, or contractor's employee [or agent of the contractor]
poses a risk to the security of federal tax information. Termination or denial of employment, or
termination or refusal to secure the services of any contractor, under this
subsection, shall only occur after appropriate notification to the current or
prospective employee, contractor, or contractor's employee [or
agent of the contractor] of the findings of the background investigation,
and after the current or prospective employee, contractor, or contractor's
employee [or agent of the contractor] is given an opportunity to meet
and rebut the findings. Nothing in this
subsection shall abrogate any applicable appeal rights under chapters 76 and 89
or administrative rules of the department of the attorney general."
SECTION 3. 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 or its designee on operators of adult foster homes for individuals with developmental disabilities or developmental disabilities domiciliary homes and their employees, as provided by section 321-15.2;
(2) The department of health or its designee 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 or health care services as provided by section 321-171.5;
(3) The department of health or its designee on all applicants for licensure or certification for, operators for, prospective employees, adult volunteers, and all adults, except adults in care, at healthcare facilities as defined in 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) The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;
(8) The department of human services on operators and employees of child caring institutions, child placing organizations, and resource family homes as provided by section 346-17;
(9) The department of human services on prospective adoptive parents as established under section 346-19.7;
(10) The department of human services or its designee on applicants to operate child care facilities, household members of the applicant, prospective employees of the applicant, and new employees and household members of the provider after registration or licensure as provided by section 346-154, and persons subject to section 346-152.5;
(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;
(12) The department of health on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes as provided by section 321-15.2;
(13) The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;
(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;
(15) The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;
(16) The department of corrections and rehabilitation on employees and prospective employees, volunteers, contract service providers, and subcontract service providers who are directly involved with the treatment and care of, or directly involved in providing correctional programs and services to, persons committed to a correctional facility, or placed in close proximity to persons committed when providing services on behalf of the department or the correctional facility, as provided by section 353-1.5 and the department of law enforcement on employees and prospective employees whose duties involve or may involve the exercise of police powers including the power of arrest as provided by section 353C-5;
(17) The board of private detectives and guards on applicants for private detective or private guard licensure as provided by section 463-9;
(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;
(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;
(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;
(21) The department of health on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 321-15.2;
(22) The department of human services on purchase of service contracted and subcontracted service providers and their employees and volunteers, as provided by sections 346-2.5 and 346-97;
(23) The department of human services on foster grandparent program, senior companion program, and respite companion program participants as provided by section 346-97;
(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;
(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;
(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;
(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;
(28) The department of commerce and consumer affairs on:
(A) Each principal of every non-corporate applicant for a money transmitter license;
(B) Each person who upon approval of an application by a corporate applicant for a money transmitter license will be a principal of the licensee; and
(C) Each person who upon approval of an application requesting approval of a proposed change in control of licensee will be a principal of the licensee,
as provided by sections 489D-9 and 489D-15;
(29) The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;
(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;
(31) The department of commerce and consumer affairs on:
(A) An applicant for a mortgage loan originator license, or license renewal; and
(B) Each control person, executive officer, director, general partner, and managing member of an applicant for a mortgage loan originator company license or license renewal,
as provided by chapter 454F;
(32) The state public charter school commission or public charter schools on employees, teacher trainees, prospective employees, and prospective teacher trainees in any public charter school for any position that places them in close proximity to children, as provided in section 302D-33;
(33) The counties on prospective employees who work with children, vulnerable adults, or senior citizens in community-based programs;
(34) The counties on prospective employees for fire department positions that involve contact with children or vulnerable adults;
(35) The counties on prospective employees for emergency medical services positions that involve contact with children or vulnerable adults;
(36) The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable citizens during emergencies or crises;
(37) The State and counties on employees, prospective employees, volunteers, and contractors whose position responsibilities require unescorted access to secured areas and equipment related to a traffic management center;
(38) The State and counties on employees and prospective employees whose positions involve the handling or use of firearms for other than law enforcement purposes;
(39) The State and counties on current and prospective systems analysts and others involved in an agency's information technology operation whose position responsibilities provide them with access to proprietary, confidential, or sensitive information;
(40) The department of commerce and consumer affairs on:
(A) Applicants for real estate appraiser licensure or certification as provided by chapter 466K;
(B) Each person who owns more than ten per cent of an appraisal management company who is applying for registration as an appraisal management company, as provided by section -7; and
(C) Each of the controlling persons of an applicant for registration as an appraisal management company, as provided by section -7;
(41) The department of health or its designee on:
(A) Individual applicants or individuals acting on behalf of applying entities for hemp processor permits as provided under section 328G-2; and
(B) All license applicants, licensees, employees, contractors, and prospective employees of medical cannabis dispensaries, and individuals permitted to enter and remain in medical cannabis dispensary facilities as provided under sections 329D-15(a)(4) and 329D-16(a)(3);
(42) The department of commerce and consumer affairs on applicants for nurse licensure or license renewal, reactivation, or restoration as provided by sections 457-7, 457-8, 457-8.5, and 457-9;
(43) The county police departments on applicants for permits to acquire firearms pursuant to section 134-2, on individuals registering their firearms pursuant to section 134-3, and on applicants for new or renewed licenses to carry a pistol or revolver and ammunition pursuant to section 134-9;
(44) The department of commerce and consumer affairs on:
(A) Each of the controlling persons of the applicant for licensure as an escrow depository, and each of the officers, directors, and principals who will be in charge of the escrow depository's activities upon licensure; and
(B) Each of the controlling persons of an applicant for proposed change in control of an escrow depository licensee, and each of the officers, directors, and principals who will be in charge of the licensee's activities upon approval of the application,
as provided by chapter 449;
(45) The department of taxation on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 231-1.6;
(46) The department of labor and industrial relations on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 383-110;
(47) The department of human services on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, and on current or prospective employees, volunteers, contractors, or contractors' employees or volunteers, subcontractors, or subcontractors' employees or volunteers, whose position places or would place them in close proximity to minors, young adults, or vulnerable adults, as provided by section 346-2.5;
(48) The child support enforcement agency on
current or prospective employees or contractors who have access to federal tax
information [in order] to comply with federal law, regulation, or
procedure, as provided by section 576D-11.5;
(49) The department of the attorney general on
current or prospective employees, contractors, or contractor's employees
[or agents of contractors], who have access to federal tax
information to comply with [requirements of] federal law, regulation, or
procedure, as provided by section 28-17;
(50) The department of commerce and consumer affairs on each control person, executive officer, director, general partner, and managing member of an installment loan licensee, or an applicant for an installment loan license, as provided in chapter 480J;
(51) The university of Hawaii on current and prospective employees and contractors whose duties include ensuring the security of campus facilities and persons; and
(52) Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval; provided that the amendments made to section 846-2.7, Hawaii Revised Statutes, by this Act shall not be repealed when section 846-2.7, Hawaii Revised Statutes, is reenacted on July 1, 2027, pursuant to section 4 of Act 110, Session Laws of Hawaii 2024.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
ATG; Criminal History Record Checks
Description:
Deletes the term "agent of the contractor" in sections 28-17 and 846-2.7, HRS, to comply with requirements of the Federal Bureau of Investigation. The Federal Bureau of Investigation deemed the term overly broad for purposes of accessing its criminal history background information. Clarifies that "contractor's employees" who have access to federal tax information held by the Department of the Attorney General may be subject to fingerprint-based background checks.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| May 27, 2025 | Act 083, on 05/27/2025 (Gov. Msg. No. 1183). |
| May 27, 2025 | Act 083, 05/27/2025 (Gov. Msg. No. 1183). |
| May 1, 2025 | Transmitted to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick excused (2). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| Apr 24, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25 |
| Apr 24, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 59). |
| Apr 24, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 59) as amended in (CD 1). |
| Apr 23, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 2 Aye(s): Senator(s) Rhoads, Gabbard; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa. |
| Apr 23, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 2 Ayes: Representative(s) Tarnas, Poepoe; Ayes with reservations: none; 1 Noes: Representative(s) Garcia; and 0 Excused: none. |
| Apr 22, 2025 | Bill scheduled for Conference Committee Meeting on Wednesday, 04-23-25 2:10PM in conference room 325. |
| Apr 21, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 781). |
| Apr 17, 2025 | House Conferees Appointed: Tarnas Chair; Poepoe, Garcia. |
| Apr 15, 2025 | Received notice of Senate conferees (Sen. Com. No. 788). |
| Apr 15, 2025 | Senate Conferees Appointed: Rhoads Chair; Gabbard, Awa. |
| Mar 25, 2025 | Received notice of disagreement (Hse. Com. No. 384). |
| Mar 24, 2025 | House disagrees with Senate amendment (s). |
| Mar 21, 2025 | Returned from Senate (Sen. Com. No. 398) in amended form (SD 1). |
| Mar 21, 2025 | Passed Third Reading, as amended (SD 1). Ayes, 22; Aye(s) with reservations: none . Noes, 0 (none). Excused, 3 (Senator(s) Chang, Kouchi, Lee, C.). Transmitted to House. |
| Mar 19, 2025 | 48 Hrs. Notice 03-21-25. |
| Mar 19, 2025 | Report adopted; Passed Second Reading, as amended (SD 1). |
| Mar 19, 2025 | Reported from JDC (Stand. Com. Rep. No. 1177) with recommendation of passage on Second Reading, as amended (SD 1) and placement on the calendar for Third Reading. |
| Mar 14, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none. |
| Mar 13, 2025 | The committee(s) on JDC deferred the measure until 03-14-25 10:00AM; Conference Room 016 & Videoconference. |
| Mar 7, 2025 | The committee(s) on JDC has scheduled a public hearing on 03-13-25 9:45AM; Conference Room 016 & Videoconference. |
| Mar 6, 2025 | Referred to JDC. |
| Mar 6, 2025 | Passed First Reading. |
| Mar 6, 2025 | Received from House (Hse. Com. No. 317). |
| Mar 4, 2025 | Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Pierick, Ward excused (2). Transmitted to Senate. |
| Feb 27, 2025 | Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick, Templo, Ward excused (4). |
| Feb 27, 2025 | Reported from JHA (Stand. Com. Rep. No. 812) as amended in HD 1, recommending passage on Second Reading and placement on the calendar for Third Reading. |
| Feb 19, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran. |
| Feb 14, 2025 | Bill scheduled to be heard by JHA on Wednesday, 02-19-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Jan 23, 2025 | Referred to JHA, referral sheet 3 |
| Jan 23, 2025 | Introduced and Pass First Reading. |
| Jan 21, 2025 | Pending introduction. |
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Date
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Description
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Location
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Votes
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| Apr 30, 2025 | Final Reading | House Floor |
Passed |
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| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
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| Mar 21, 2025 | Third Reading | Senate Floor |
Passed |
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| Mar 14, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Mar 4, 2025 | Third Reading | House Floor |
Passed |
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| Feb 19, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Department of the Attorney General | ** Support | |
| Department of the Attorney General | *** Support | Mar 11, 2025 |
CONFERENCE COMMITTEE REP. NO. 59
Honolulu, Hawaii
, 2025
RE: H.B. No. 991
H.D. 1
S.D. 1
C.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madam and Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 991, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to clarify that the Department of the Attorney General may conduct fingerprint-based background checks through the Federal Bureau of Investigation on contractors, contractors' employees, and subcontractors who have access to federal tax information.
Your Committee on Conference has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 991, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 991, H.D. 1, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
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ON THE PART OF THE HOUSE |
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____________________________ KARL RHOADS Chair |
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____________________________ DAVID A. TARNAS Chair |
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STAND. COM. REP. NO. 1177
Honolulu, Hawaii
RE: H.B. No. 991
H.D. 1
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 991, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS,"
begs leave to report as follows:
The purpose and intent of this measure is to clarify that the Department of the Attorney General may conduct fingerprint-based background checks through the Federal Bureau of Investigation on contractors and contractors' employees.
Your Committee received testimony in support of this measure from the Department of the Attorney General and one individual.
Your Committee finds that statutes authorizing states to conduct fingerprint-based criminal history record checks for non‑criminal purposes are subject to approval from the Federal Bureau of Investigation. Upon the Bureau's investigation of sections 28-17 and 846-2.7(b)(49), Hawaii Revised Statutes, the Federal Bureau of Investigation determined that the term "agents of contractors" was overly broad, as it failed to specifically identify the subject of the criminal history record check. This measure will update existing law to meet the Federal Bureau of Investigation's requirements to allow the Department of the Attorney General to conduct fingerprint-based background checks on individuals who have access to federal tax information held by the Department.
Your Committee has amended this measure by:
(1) Clarifying that contractors, contractor's employees, and subcontractors who have access to federal tax information held by the Department of the Attorney General may be subject to fingerprint-based background checks;
(2) Amending section 1 to reflect its amended purpose; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
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. 991, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 991, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 812
Honolulu, Hawaii
, 2025
RE: H.B. No. 991
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 991 entitled:
"A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS,"
begs leave to report as follows:
Your Committee finds that the Federal Bureau of Investigation requires fingerprint-based background checks for individuals with access to federal tax information. Act 35, Session Laws of Hawaii 2021, authorized the Department of the Attorney General to conduct these checks; however, the Federal Bureau of Investigation determined that the term "agents of contractors" in statute was overly broad and did not meet its specificity requirements. By removing the term "agents of contractors" from relevant statutes, this measure upholds federal compliance and safeguards the integrity of background check procedures for those handling sensitive tax information.
Your Committee has amended this measure by 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 991, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 991, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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Date
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Testimony PDF
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| Mar 11, 2025 | HB991_HD1_TESTIMONY_JDC_03-13-25_.PDF |
| Feb 19, 2025 | HB991_TESTIMONY_JHA_02-19-25_.PDF |
Discussed in Hearing
4MIN
Conference Committee
2MIN
House Standing Committee on Judiciary & Hawaiian Affairs
Bill Author
Bill Co-Author(s):