[§421I-12]  Employees of cooperative housing
corporations; background checks.  The board of directors of a cooperative
housing corporation, or the manager of a cooperative housing project, upon the
written authorization of an applicant for employment as a security guard or
manager or for a position that would allow the employee access to the keys of
or entry into the units in the project or access to corporation funds, may
conduct a background check on the applicant, or direct another responsible
party to conduct the check.  Before initiating or requesting a check, the board
of directors or the manager shall first certify that the signature on the
authorization is authentic and that the person is an applicant for employment. 
The background 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 is unsuited
for employment as an employee with access to corporation funds or the keys of or
entry to the units in the project; and



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



For purposes of this section, the criminal
history disclosure made by the applicant may be verified by the board of
directors, manager, or other responsible party, if so directed by the board or
the manager, by means of information obtained through the Hawaii criminal
justice data center.  The board or manager may conduct a criminal history
record check directly 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.  Failure of a cooperative
housing corporation or the manager to conduct or verify or cause to have
conducted or verified a background check shall not alone give rise to any
private cause of action against the corporation or manager for acts and
omissions of the employee hired. [L 2003, c 95, §6]