Bill Text: HI HB1212 | 2010 | Regular Session | Amended
Bill Title: Public Documents; Privacy
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2010-07-06 - (S) Vetoed on 07-06-10 - Returned from the Governor without approval (Gov. Msg. No. 655). [HB1212 Detail]
Download: Hawaii-2010-HB1212-Amended.html
Report Title:
Public Documents; Privacy
Description:
Deletes the exception of a record of complaints with respect to government information relating to an individual's fitness for a license, when balancing an unwarranted invasion of a person's privacy against the public disclosure of the record. Effective on approval. Sunsets 7/1/2014. (SD1)
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1212 |
TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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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 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 [which] that 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; and
(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; 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, 2014.