161
THE SENATE                           S.C.R. NO.            
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE DEPARTMENT OF HEALTH TO ADOPT A DEPARTMENT-WIDE
    POLICY TO REQUIRE AGENCIES UNDER STATE CONTRACT WHO
    PROVIDE SERVICES TO CHILDREN TO CONDUCT CRIMINAL HISTORY
    CHECKS OF PROSPECTIVE EMPLOYEES.



 1        WHEREAS, chapter 378, Hawaii Revised Statutes (HRS),
 2   governs when employers may inquire about criminal history
 3   records of prospective employees; and
 4   
 5        WHEREAS, section 378-3, HRS, provides an exception to this
 6   law if the law would "prohibit or prevent the establishment of
 7   bona fide occupational qualifications reasonably necessary to
 8   the normal operation of a particular business or enterprise,
 9   and that have a substantial relationship to the functions and
10   responsibilities of prospective or continued employment"; and
11   
12        WHEREAS, section 378-3, HRS, further provides an exception
13   to this law for public and private schools when the propsective
14   employees are working in close proximity to children; and
15   
16        WHEREAS, under certain contracts with the Department of
17   Health, service providers who work with children are required
18   to request fingerprinting of prospective employees for criminal
19   history checks, yet, under other contracts such fingerprinting
20   and checks are not required; and
21   
22        WHEREAS, this inconsistency in policy has allowed for
23   situations whereby one employee of a service provider under a
24   certain contract is required to be fingerprinted and checked,
25   while another employee under a separate contract may not be
26   required to be fingerprinted and checked, yet they are both
27   working with the same population of children; now, therefor,
28   
29        BE IT RESOLVED by the Senate of the Twentieth Legislature
30   of the State of Hawaii, Regular Session of 2000, the House of
31   Representatives concurring, that the Department of Health is
32   requested to establish a department-wide policy requiring
33   service providers to conduct fingerprinting and criminal
34   history checks when prospective employees will be working in
35   close proximity with children; and
36   

 
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                                  S.C.R. NO.            
                                                        
                                                        

 
 1        BE IT FURTHER RESOLVED that the Department of Health
 2   submit a report, including a copy of its policy, to the
 3   legislature twenty days prior to the convening of the Regular
 4   Session of 2001; and
 5   
 6        BE IT FURTHER RESOLVED that certified copies of this
 7   Concurrent Resolution be transmitted to the Director of Health
 8   and the Attorney General. 
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12                         OFFERED BY:  ____________________________
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