STAND. COM. REP. NO.  45

 

Honolulu, Hawaii

                , 2015

 

RE:   H.B. No. 561

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Sir:

 

     Your Committee on Labor & Public Employment, to which was referred H.B. No. 561 entitled:

 

"A BILL FOR AN ACT RELATING TO SOCIAL MEDIA,"

 

begs leave to report as follows:

 

     The purpose of this measure is to protect the privacy interests of employees and potential employees by prohibiting employers from requiring or requesting access, including through disclosure of usernames or passwords, to personal social media accounts.

 

     The Americans for Democratic Action Hawaii and an individual testified in support of this measure.  Chamber of Commerce Hawaii testified in opposition to this measure.  The Hawaii Civil Rights Commission commented on this measure.

 

     Your Committee has amended this measure by:

 

(1)  Including a narrow exception for employers to access personal social media accounts to investigate complaints, allegations, or the occurrence of sexual, racial, or other harassment in the workplace; and

 

(2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 561, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 561, H.D. 1, and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

 

 

 

 

____________________________

MARK M. NAKASHIMA, Chair