SB 100: Intoxicating Liquor; Licenses; Fingerprinting; Nonprofit Organizations; Exempt

A BILL FOR AN ACT

RELATING TO INTOXICATING LIQUOR.

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

     SECTION 1.  Section 281-53.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The respective county liquor commissions may request a criminal history record check of an applicant for a liquor license in accordance with section 846-2.7; provided that neither a criminal history record check nor compliance with this section shall be required for the officers and directors of publicly-traded companies or entities ultimately solely owned by a publicly-traded company, who are not designated as primary decision-makers regarding the sale or purchase of liquor[.]; provided further that a county liquor commission of a county with a population of less than five hundred thousand shall not request an officer, director, or board member of a nonprofit organization to be fingerprinted.  The criminal history record check, at a minimum, shall require the applicant to disclose whether:

     (1)  The applicant has been convicted in any jurisdiction of a crime that would tend to indicate the applicant may be unsuited for obtaining a liquor license; and

     (2)  The judgment of conviction has not been vacated.

     For the purpose of this section, the criminal history disclosure made by the applicant may be verified by the liquor commission by means of information obtained through the Hawaii criminal justice data center.  The applicant shall provide the Hawaii criminal justice data center with personal identifying information [which] that shall include but not be limited to the applicant's name, social security number, date of birth, and gender.  This information shall be secured only for the purpose of conducting the criminal history record check authorized by this section."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Intoxicating Liquor; Licenses; Fingerprinting; Nonprofit Organizations; Exempt

Description:

Provides that leaders of nonprofit organizations shall not be fingerprinted when applying for a liquor license in counties with a population of less than five hundred thousand.  (SD2)

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

A BILL FOR AN ACT

RELATING TO INTOXICATING LIQUOR.

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

     SECTION 1.  Section 281-53.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The respective county liquor commissions may request a criminal history record check of an applicant for a liquor license in accordance with section 846-2.7; provided that neither a criminal history record check nor compliance with this section shall be required for the officers and directors of publicly-traded companies or entities ultimately solely owned by a publicly-traded company, or officers, directors, or board members of nonprofit organizations, who are not designated as primary decision-makers regarding the sale or purchase of liquor.  The criminal history record check, at a minimum, shall require the applicant to disclose whether:

     (1)  The applicant has been convicted in any jurisdiction of a crime that would tend to indicate the applicant may be unsuited for obtaining a liquor license; and

     (2)  The judgment of conviction has not been vacated.

     For the purpose of this section, the criminal history disclosure made by the applicant may be verified by the liquor commission by means of information obtained through the Hawaii criminal justice data center.  The applicant shall provide the Hawaii criminal justice data center with personal identifying information [which] that shall include but not be limited to the applicant's name, social security number, date of birth, and gender.  This information shall be secured only for the purpose of conducting the criminal history record check authorized by this section."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Intoxicating Liquor; Licenses; Criminal History Record Check; Nonprofit Organizations; Exempt

Description:

Provides that leaders of nonprofit organizations shall be exempt from county liquor commission criminal history check requirements for license applicants.  (SD1)

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

A BILL FOR AN ACT

Relating to intoxicating liquor.

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

     SECTION 1.  Section 281-53.5, Hawaii Revised Statutes, is amended to read as follows:

     "§281-53.5  County liquor commissions; criminal history record check.  (a)  The respective county liquor commissions may request a criminal history record check of an applicant for a liquor license in accordance with section 846-2.7; provided that neither a criminal history record check nor compliance with this section shall be required for the officers and directors of publicly-traded companies or entities ultimately solely owned by a publicly-traded company, or officers, directors, or board members of nonprofit organizations who are not designated as primary decision-makers regarding the sale or purchase of liquor.  The criminal history record check, at a minimum, shall require the applicant to disclose whether:

     (1)  The applicant has been convicted in any jurisdiction of a crime that would tend to indicate the applicant may be unsuited for obtaining a liquor license; and

     (2)  The judgment of conviction has not been vacated.

     For the purpose of this section, the criminal history disclosure made by the applicant may be verified by the liquor commission by means of information obtained through the Hawaii criminal justice data center.  The applicant shall provide the Hawaii criminal justice data center with personal identifying information which shall include but not be limited to the applicant's name, social security number, date of birth, and gender.  This information shall be secured only for the purpose of conducting the criminal history record check authorized by this section.

     (b)  The applicant shall submit to the liquor commission:

     (1)  A statement signed under penalty of law as to whether the applicant has ever been convicted of a crime other than a minor traffic violation;

     (2)  Written consent to request and obtain criminal history record information for verification; and

     (3)  Permission to be fingerprinted.

     (c)  The liquor commission shall obtain criminal history record information through the Hawaii criminal justice data center on the applicant.  The information obtained shall be used exclusively for the stated purpose for which it was obtained and shall be subject to applicable federal laws and regulations currently or hereafter in effect."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Intoxicating Liquor; Licenses; Criminal History Record Check; Nonprofit Organizations; Exempt

Description:

Provides that leaders of nonprofit organizations shall be exempt from county liquor commission criminal history check requirements for license applicants.

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

STAND. COM. REP. NO.  1655

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 100

      S.D. 2

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 S.B. No. 100, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO INTOXICATING LIQUOR,"

begs leave to report as follows:

     The purpose of this measure is to provide that leaders of nonprofit organizations shall not be fingerprinted when applying for a liquor license in counties with a population of less than five hundred thousand.

     Your Committee received testimony in support of this measure from the Maui Arts & Cultural Center.

     Your Committee finds that there are nonprofit organizations that serve alcohol at their venues that host and promote a variety of events, including cultural and artistic events.  As such, those nonprofit organizations are required to be holders of liquor licenses.

     However, your Committee further finds that under the existing rules of certain liquor commissions, the officers and board members of those nonprofit organizations are subject to fingerprinting requirements.  This process has been considered demeaning and has discouraged candidates from serving as officers and board members of those nonprofit organizations.  This measure eliminates the burdensome requirement for leaders of nonprofit organizations to undergo fingerprinting for liquor licenses.

     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 S.B. No. 100, S.D. 2, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO. 1014

Honolulu, Hawaii

RE:    S.B. No. 100

       S.D. 2

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 S.B. No. 100, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO INTOXICATING LIQUOR,"

begs leave to report as follows:

     The purpose and intent of this measure is to provide that leaders of nonprofit organizations shall be exempt from county liquor commission criminal history check requirements for license applicants.

     Your Committee received testimony in support of this measure from the Maui Arts and Cultural Center.

     Your Committee finds that existing law governing the issuance of liquor licenses allows the respective county liquor commissions to request applicants for a liquor license, which includes any board member for a nonprofit organization, to submit to a criminal history record check and fingerprinting at a designated location for the retention of the nonprofit's liquor license.  Your Committee further finds that the practice of fingerprinting is invasive and discourages many highly qualified potential leaders from submitting themselves for consideration, ultimately disadvantaging the nonprofit.  This measure will remove this potential barrier to public service by exempting certain officers, directors, and board members of nonprofit organizations from fingerprinting requirements.

     Your Committee has amended this measure by:

     (1)  Deleting language that would have exempted leaders of nonprofit organizations from county liquor commission criminal history record check requirements for liquor license applicants;

     (2)  Inserting language providing that a county liquor commission of a county with a population of less than five hundred thousand shall not request that leaders of nonprofit organizations be fingerprinted for liquor licenses; 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 S.B. No. 100, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 100, S.D. 2.

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

STAND. COM. REP. NO. 212

Honolulu, Hawaii

RE:    S.B. No. 100

       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 Energy and Intergovernmental Affairs, to which was referred S.B. No. 100 entitled:

"A BILL FOR AN ACT RELATING TO INTOXICATING LIQUOR,"

begs leave to report as follows:

     The purpose and intent of this measure is to provide that leaders of nonprofit organizations shall be exempt from county liquor commission criminal history check requirements for license applicants.

     Your Committee received testimony in support of this measure from the Maui Arts and Cultural Center.

     Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that criminal history record information is often considered when running employment background checks, obtaining certifications, and granting licenses, including liquor licenses.  According to testimony received by your Committee, existing law requires any proposed board member for a nonprofit organization that has a liquor license to submit themselves to a criminal history record check and be fingerprinted at a designated location for the nonprofit to retain its liquor license.  As a result, highly qualified and potential officers, directors, or board members have withdrawn themselves from consideration to serve due to these and other invasive and onerous requirements.  Your Committee further finds that an individual's criminal history record information may not relate to their ability to serve as a viable board member.  This measure facilitates public service and encourages qualified individuals to contribute back to the community by exempting officers, directors, and board members of nonprofit organizations, who are not designated as the primary decision-makers regarding the sale or purchase of liquor, from criminal history record check requirements.

     Your Committee has amended this measure by 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 Energy and Intergovernmental Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 100, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 100, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Energy and Intergovernmental Affairs,