THE SENATE

S.B. NO.

1038

TWENTY-NINTH LEGISLATURE, 2017

 

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;

          when the following has occurred:  the highest nonjudicial 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 or, for decisions involving county police department officers, ninety days have elapsed following the issuance of the decision[; provided that subparagraph (B) shall not apply to a county police department officer except in a case which 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;

     (8)  Information comprising a personal recommendation or evaluation;

     (9)  Social security numbers; and

    (10)  Information that if disclosed would create a substantial and demonstrable risk of physical harm to an individual."

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  Statutory material to be repealed is bracketed and stricken. 

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Uniform Information Practices Act; Police Officers; Misconduct

 

Description:

Repeals the provision of the Uniform Information Practices Act that prohibits the disclosure of certain information regarding misconduct by a county police department officer if the misconduct only resulted in the suspension of the officer.

 

 

 

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