STAND. COM. REP. NO.  201-12

 

Honolulu, Hawaii

                , 2012

 

RE:   H.B. No. 2298

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Economic Revitalization & Business, to which was referred H.B. No. 2298 entitled:

 

"A BILL FOR AN ACT RELATING TO PRIVACY RIGHTS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to specify that for purposes of the Uniform Information Practices Act, an individual does not have a significant privacy interest in information regarding complaints made against a professional or vocational licensee if the complaint was referred for legal action and the person was given the opportunity to respond to the complaint.

 

     The Hawaii Association of REALTORS, Roofing Contractors Association of Hawaii, Hawaii Dental Association, Honolulu Board of REALTORS, and Building Industry Association of Hawaii offered testimony in support of this measure.  The Hawaii Automobile Dealers Association offered testimony in support of the intent of this measure.  Common Cause Hawaii and an individual offered testimony in opposition to this measure.  The Regulated Industries Complaints Office of the Department of Commerce and Consumer Affairs and the Office of Information Practices provided comments on this measure.


     Your Committee has amended this measure by:

 

     (1)  Removing language that required the referral of a complaint for legal action as a condition for exemption from otherwise applicable privacy protections; and

 

     (2)  Changing the effective date to July 1, 2112, to facilitate further discussion.

 

     Your Committee respectfully requests that the Committees on Judiciary and Consumer Protection & Commerce further examine the removal of the language concerning the requirement that a complaint be referred for legal action as a condition of exemption from otherwise applicable privacy protections.

 

     As affirmed by the record of votes of the members of your Committee on Economic Revitalization & Business that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2298, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2298, H.D. 1, and be referred to the Committees on Judiciary and Consumer Protection & Commerce.

 

Respectfully submitted on behalf of the members of the Committee on Economic Revitalization & Business,

 

 

 

 

____________________________

ANGUS L.K. McKELVEY, Chair