Report Title:
State Identity Theft Task Force
Description:
Changes name of task force, expands its responsibilities, and extends its life until 6/30/07. Adds the chief justice or designee, and representatives from each county police department, the Hawaii Prosecuting Attorneys' Association, and the U.S. Postal Service to the task force membership.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
3245 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to electronic commerce.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In 2005, the Hawaii anti-phishing task force was established in the department of the attorney general to develop state policy on how best to prevent further occurrences of phishing and other forms of electronic commerce-based crimes in the State. The task force focused on:
(1) Examining state agencies charged with the responsibility of developing policies, procedures and operations to prevent, monitor, and enforce electronic commerce-based criminal activities and sanctions;
(2) Deriving best practice models from the review of other jurisdictions' activities, policies, and laws related to the prevention of electronic commerce-based crimes;
(3) Exploring other options available to the task force to deter electronic commerce-based crimes from occurring in the State; and
(4) Establishing findings and recommendations on electronic commerce-based crime prevention.
The task force submitted to the legislature findings and recommendations on deterring electronic commerce-based crime.
The purpose of this bill is to implement the task force recommendations.
SECTION 2. Act 65, Session Laws of Hawaii 2005, is amended by amending section 2 to read as follows:
"SECTION 2. (a) There is established [within the department of the attorney general] a [Hawaii anti-phishing] joint legislative identity theft task force to examine options to prevent electronic commerce-based crimes in the State[.] and to safeguard and protect from identity theft all personal identifying information collected by the State.
(b) The [Hawaii anti-phishing] joint legislative identity theft task force shall include members as follows:
(1) The attorney general or the attorney general's designee;
(2) The director of the office of consumer protection;
(3) The United States Attorney for the District of Hawaii or the United States Attorney's designee;
(4) Two members of the Hawaii state senate appointed by the president of the senate;
(5) Two members of the Hawaii state house of representatives appointed by the speaker of the house of representatives;
(6) Two members representing the financial services industry, one appointed by the president of the senate and one appointed by the speaker of the house of representatives;
(7) A member of the Honolulu police department's criminal investigation division; [and]
(8) A member of the Honolulu field office's United States Secret Service electronic crimes unit[.];
(9) The chief justice of the supreme court or the chief justice's designee;
(10) A member representing all of the county police departments appointed by the police chiefs;
(11) A member from the Hawaii Prosecuting Attorneys' Association; and
(12) A member representing the United States Postal Service.
(c) The task force shall:
(1) Examine the policies, procedures, and operations of state agencies charged with the responsibility of developing policies to prevent electronic commerce-based crimes, monitoring electronic commerce-based criminal activity, and enforcing electronic commerce-based criminal sanctions;
(2) Review other jurisdictions' activities, policies, directives, and laws related to preventing electronic commerce-based crimes and derive best practices models therefrom;
(3) Explore any other options available to the task force to deter electronic commerce-based crimes from occurring in the State; [and]
(4) Establish findings and develop recommendations on how the State may best deter electronic commerce-based crimes from occurring in the State[.]; and
(5) Identify best practices to prevent identity theft by reviewing other jurisdictions' activities, policies, and laws related to protecting personal identifying information collected by the State, and establish a timetable for the immediate removal of personal identifying information from public records.
(d) The members of the task force shall select the chairperson of the task force and shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
[(d)] (e) The task force shall submit its findings and recommendations to the legislature, including any proposed legislation, no later than twenty days prior to the convening of the [2006] 2007 regular session.
[(e)] (f) The [department of the attorney general] legislative reference bureau shall provide the research and organizational support services necessary to assist the task force in achieving its purpose as required under this Act.
[(f)] (g) The task force shall cease to exist on June 30, [2006] 2007."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2006-2007, for reimbursement of travel expenses of task force members.
The sum appropriated shall be expended by the legislature for the purposes of this Act.
SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of the attorney general relating to the functions transferred to the legislature shall be transferred with the functions to which they relate.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that section 3 shall take effect July 1, 2006.
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INTRODUCED BY: |
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