STAND. COM. REP. NO. 869

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 1491
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committees on Consumer Protection and Commerce and
Judiciary and Hawaiian Affairs, to which was referred H.B. No.
1491 entitled: 

     "A BILL FOR AN ACT RELATING TO SUBPOENAS,"

beg leave to report as follows:

     The purpose of this bill is to authorize the use of
administrative subpoenas and thereby give law enforcement
agencies a more efficient means by which they may obtain
information and records from providers of electronic
communications and remote computing services.

     The Department of the Prosecuting Attorney of the City and
County of Honolulu (Prosecuting Attorney) submitted testimony in
support of this measure.  The Office of Information Practices
took no position on this bill, but submitted comments on its
effect on an individual's privacy.  The Attorney General (AG),
opposed the bill as written and suggested an amendment.

     The Prosecuting Attorney testified that under federal law,
records may be obtained from providers of electronic
communications and remote computing services through an
administrative subpoena issued pursuant to either federal or
state statute, a grand jury, or a trial court order.  State law,
however, does not presently authorize the use of administrative
subpoenas.  This bill would amend state law consistent with
federal law, and facilitate investigations by law enforcement

 
 
 
                                 STAND. COM. REP. NO. 869
                                 Page 2

 
agencies by providing them with a simpler and less cumbersome way
of obtaining information.

     The AG stated that the amendments proposed by the bill would
have the effect of limiting the kind of information available
through administrative subpoenas to specified types of telephone
records.  The AG suggested an amendment that would allow both
telephone records and other electronic communication information
to be obtained through an administrative subpoena.

     Upon consideration, your Committees have amended this bill
as suggested by the AG.

     As affirmed by the records of votes of the members of your
Committees on Consumer Protection and Commerce and Judiciary and
Hawaiian Affairs that are attached to this report, your
Committees are in accord with the intent and purpose of H.B. No.
1491, as amended herein, and recommend that it pass Second
Reading in the form attached hereto as H.B. No. 1491, H.D. 1, and
be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Consumer
                                   Protection and Commerce and
                                   Judiciary and Hawaiian
                                   Affairs,


                                   
                                   
                                   
                                   
______________________________     ______________________________
PAUL T. OSHIRO, Chair              RON MENOR, Chair