HOUSE OF REPRESENTATIVES
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO INFORMATION PRACTICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 92F-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The following are examples of information in which the individual has a significant privacy interest:
(1) Information relating to medical, psychiatric, or psychological history, diagnosis, condition, treatment, or evaluation, other than directory information while an individual is present at such facility;
(2) Information identifiable as part of an investigation into a possible violation of criminal law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation;
(3) Information relating to eligibility for social services or welfare benefits or to the determination of benefit levels;
(4) Information in an agency's personnel file, or applications, nominations, recommendations, or proposals for public employment or appointment to a governmental position, except:
(A) Information disclosed under section 92F‑12(a)(14); and
(B) The following information related to employment misconduct that results in an employee's suspension or discharge:
(i) The name of the employee;
(ii) The nature of the employment related misconduct;
(iii) The agency's summary of the allegations of misconduct;
(iv) Findings of fact and conclusions of law; and
(v) The disciplinary action taken by the agency;
the following has occurred: the highest non-judicial grievance adjustment
procedure timely invoked by the employee or the employee's representative has
concluded; a written decision sustaining the suspension or discharge has been
issued after this procedure; and thirty calendar days have elapsed following
the issuance of the decision; provided that this subparagraph shall not apply
to a county police department officer except in a case [
results in the discharge of the officer;
(5) Information relating to an individual's nongovernmental employment history except as necessary to demonstrate compliance with requirements for a particular government position;
(6) Information describing an individual's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness;
(7) Information compiled as part of an inquiry into an individual's fitness to be granted or to retain a license, except:
(A) The record of any proceeding resulting in the discipline of a licensee and the grounds for discipline;
(B) Information on the current place of employment and required insurance coverages of licensees; and
(C) The record of complaints including all dispositions; but in the case of persons licensed under title 25, only the record of complaints resolved against that person;
(8) Information comprising a personal recommendation or evaluation; and
(9) Social security numbers."
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 and shall be repealed on July 1, 2013.
Public Documents; Privacy
Provides that there is no significant privacy interest for the record of complaints including all dispositions compiled as part of an inquiry into an individual's fitness to be granted or to retain a license, but in the case of persons licensed under title 25, the provision only applies to the record of complaints resolved against that person. Effective upon its approval. Sunsets July 1, 2013. (HB1212 CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.