CONFERENCE COMMITTEE REP. NO. 73-18

Honolulu, Hawaii

, 2018

RE: S.B. No. 2745

S.D. 1

H.D. 1

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2745, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CONFIDENTIAL PERSONAL INFORMATION,"

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 measure is to amend the definition of "confidential personal information" for purposes related to offenses against property rights. Specifically, this measure:

(1) Conforms the definition to the Hawaii Supreme Court's decision in State v. Pacquing, 139 Haw. 302 (2016), which excised portions of the definition to eliminate unconstitutionally vague provisions under the offense of unauthorized possession of confidential personal information;

(2) Specifies other types of confidential personal information; and

(3) Clarifies when a password constitutes confidential personal information.

Your Committee on Conference finds that the Court in State v. Pacquing, held that certain provisions in the definition of "confidential personal information" are unconstitutionally vague. This measure will amend the definition of "confidential personal information" to eliminate those vague provisions.

Your Committee on Conference has amended this measure by changing the effective date to upon approval.

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 S.B. No. 2745, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2745, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ SCOTT Y. NISHIMOTO Chair

____________________________ BRIAN T. TANIGUCHI Chair