Honolulu, Hawaii



RE:    S.B. No. 1113

       S.D. 2




Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii




     Your Committee on Judiciary and Labor, to which was referred S.B. No. 1113, S.D. 1, entitled:




begs leave to report as follows:


     The purpose and intent of this measure is to expand the authority of the Department of Health to conduct background checks to include criminal history record checks, sex offender registry record checks, adult abuse perpetrator and child abuse and neglect record checks, and certified nurse aide registry record checks for persons seeking employment with the State or its contractors where the work involves direct client care and volunteers, applicants, and operators of healthcare facilities.


     Your Committee received testimony in support of this measure from the Department of Health and State Council on Developmental Disabilities.  Your Committee received comments on this measure from the Hawaii Civil Rights Commission.


     Your Committee finds that individuals with developmental disabilities, as well as children and the elderly populations, are considered vulnerable to potential abuse, neglect, and mistreatment by family members, caregivers, and others who have direct access to them.  This measure provides protection to the public when they seek health care services at licensed or certified healthcare facilities.


     Your Committee has amended this measure by:


     (1)  Clarifying that employees employed continuously on a salaried basis prior to July 1, 2015, are exempt from background checks, rather than exempting employees who are hired after July 1, 2015;


     (2)  Inserting language to prevent the amendments made to the definition of "healthcare facility" under section 321‑15.2(a), Hawaii Revised Statutes, from being repealed when that definition is reenacted on June 30, 2019;


     (3)  Inserting an effective date of January 7, 2059, to encourage further discussion; and


     (4)  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 and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1113, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1113, S.D. 2.


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