Bill Text: HI SB3049 | 2022 | Regular Session | Amended
Bill Title: Relating To Employer Information.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-18 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [SB3049 Detail]
Download: Hawaii-2022-SB3049-Amended.html
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THE SENATE |
S.B. NO. |
3049 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EMPLOYER INFORMATION.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 201-13.8, Hawaii Revised Statutes, is amended to read as
follows:
"§201-13.8 Data or information collection. (a) The
director, in consultation with all affected governmental agencies, shall assess
the need for statistics and other information as to the number,
characteristics, needs, and movement of people into, out of, or within Hawaii,
including residents, migrants, and visitors, and [such] other
information as the director may deem necessary, for the purposes of sound
economic research and analysis. The
director shall be responsible for collecting, analyzing, and disseminating [such]
the information to governmental agencies on a timely basis, and is
authorized to use any appropriate method to collect the information, including
but not limited to conducting an entry and exit census or survey of all
individuals entering, leaving, or living within the State, and obtaining data
or information acquired by other agencies, both public and private. All governmental agencies shall cooperate
with and assist the director to implement this section.
(b) To the extent that it is identifiable to an individual, information obtained by
the department or its agents through surveys, questionnaires, or other
information gathering efforts shall be held confidential and not disclosed or
opened to public inspection, except that [such] the information
may be shared with other government agencies as provided in section 92F-19.
(c) Public disclosure of information gathered by
the department could place businesses at a competitive disadvantage. Consequently, where disclosure would result
in the impairment of the department's ability to obtain [such] the information and the
frustration of a legitimate government function, the department may withhold
from public disclosure competitively sensitive information including:
(1) Completed survey and questionnaire forms;
(2) Coding sheets; and
(3) Database records of [such] the information.
(d) The department may collect information and
data from employers, and may analyze the information and data, regarding the
wages, hours, and other conditions and practices of employment in the State. Every employer subject to chapter 371 shall
make, keep, and preserve records of the persons employed by the employer and of
the wages, hours, and other conditions and practices of employment, maintained
by the employer, and preserve the records for five years. In addition, every employer, regardless of
whether the employer uses a professional employer organization or a third-party
administrator, shall keep a record of the former physical addresses and current
physical address of the employer and the North American Industry Classification
System code applicable to the employer.
For the purpose of collection
and analysis, the department shall have access to and the right to copy from
the records any matter or thing pertinent to this subsection, and every
employer shall furnish to the department, on demand, a copy under oath of the
material portion of the records as the department requires and, if the department
so requires, upon forms prescribed or approved by the department.
[(d)] (e) The director may adopt necessary rules
pursuant to chapter 91, to administer this section."
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.
Report Title:
Employer Information; Department of Business, Economic Development, and Tourism
Description:
Amends section 201-13.8, Hawaii Revised Statutes, to allow the Department of Business, Economic Development, and Tourism to collect and analyze employer information and data. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
