Honolulu, Hawaii



RE:    H.B. No. 632

       H.D. 2

       S.D. 2




Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii




     Your Committee on Ways and Means, to which was referred H.B. No. 632, H.D. 2, S.D. 1, entitled:




begs leave to report as follows:


     The purpose and intent of this measure is to require executive departments to share data with the public.


     Specifically, this measure:


(1)  Requires executive departments to make data sets available to the public through the State's open data portal;


(2)  Absolves the State of liability for deficient or inaccurate information contained in the data sets, except for instances involving gross negligence, willful and wanton misconduct, or intentional misconduct;


(3)  Authorizes the Chief Information Officer to license the data sets that are on the open data website to third parties to copy, display, distribute, or create derivative works; and


(4)  Requires the Chief Information Officer to establish data set policies and procedures.


     Your Committee received written comments in support of this measure from the Office of Planning; Applications for Good; CyberCom, Inc.; Hawaii Open Data; Hyperspective Studios, Inc; Internet Society-Hawaii Chapter; and eight individuals.  Your Committee received written comments on this measure from the Office of Information Practices and Common Cause Hawaii.


     Your Committee finds that making data accessible to the public will support public-private collaboration, increase government transparency, promote civic engagement, and improve commerce.


     Your Committee has amended this measure by:


(1)  Setting forth definitions of terms in a separate new section to be added to Hawaii Revised Statutes;


(2)  Amending the definition of "open data" by removing a reference to the Legislature to conform to the definition of "data" in the measure;


(3)  Changing the effective date to July 1, 2050, to encourage further discussion on the measure; and


(4)  Making technical nonsubstantive amendments for the purposes of clarity, consistency, and style.


     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 632, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 632, H.D. 2, S.D. 2.


Respectfully submitted on behalf of the members of the Committee on Ways and Means,