CONFERENCE COMMITTEE REP. NO. 40-10

Honolulu, Hawaii

                 , 2010

RE:    H.B. No. 1212

       H.D. 1

       S.D. 1

       C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1212, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO INFORMATION PRACTICES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this bill is to protect from public disclosure the record of complaints including all dispositions compiled as part of an inquiry into an individual's fitness to be granted or to retain a license.

     Your Committee on Conference has amended this bill by:

     (1)  Providing that there is no significant privacy interest for the record of complaints including all dispositions compiled as part of an inquiry into an individual's fitness to be granted or to retain a license, but in the case of persons licensed under Title 25, Professions and Occupations, the provision only applies to the record of complaints resolved against that person;

     (2)  Changing the sunset date from July 1, 2014, to July 1, 2013; and

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

     Your Committee on Conference notes that the reference to a resolved record of complaints is intended to include warning letters and other intermediary final actions that may be taken before sanctions and penalties are incurred, but is not meant to include hearings and investigations.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1212, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1212, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ BRIAN T. TANIGUCHI, Chair

____________________________ JON RIKI KARAMATSU, Chair