HOUSE OF REPRESENTATIVES	H.B. NO.	2448
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO A STATEWIDE DATA HUB.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 201-13.8, Hawaii Revised Statutes, is amended to read as follows:

"§201-13.8 Data or information collection[.]; statewide data hub. (a) The director[,] of business, economic development, and tourism, in consultation with all affected governmental agencies, shall assess the need for statistics and other information as to the number, characteristics, needs, and movement of people into, out of, or within Hawaii, including residents, migrants, and visitors, and [such] the other information as the director may deem necessary, for the purposes of sound economic research and analysis. The director of business, economic development, and tourism shall be responsible for collecting, analyzing, and disseminating [such] the information to governmental agencies on a timely basis, and is authorized to use any appropriate method to collect the information, including but not limited to conducting an entry and exit census or survey of all individuals entering, leaving, or living within the State, and obtaining data or information acquired by other agencies, both public and private. All governmental agencies shall cooperate with and assist the director to implement this section.

(b) To the extent that it is identifiable to an individual, information obtained by the department or its agents through surveys, questionnaires, or other information gathering efforts shall be held confidential and not disclosed or opened to public inspection, except that such information may be shared with other [government] governmental agencies as provided in section 92F-19.

(c) Public disclosure of information gathered by the department could place businesses at a competitive disadvantage. Consequently, where disclosure would result in the impairment of the department's ability to obtain such information and the frustration of a legitimate government function, the department may withhold from public disclosure competitively sensitive information including:

(1) Completed survey and questionnaire forms;

(2) Coding sheets; and

(3) Database records of such information.

(d) The department shall establish and maintain a statewide data hub to collect employer and employee data. The department shall have the authority to determine the functions of the statewide data hub and access and document retention policies for the data.

The department may collect and analyze information and data from employers regarding the wages, hours, and other conditions and practices of employment in the State that is available to the department of labor and industrial relations pursuant to section 371-11. Every employer subject to chapter 371 shall make, keep, and preserve records of the persons employed by the employer and of the wages, hours, and other conditions and practices of employment, maintained by the employer, and preserve the records for five years. In addition, every employer, regardless of whether the employer uses a professional employer organization or a third-party administrator, shall keep a record of the former physical addresses and current physical address of the employer and the North American Industry Classification System code applicable to the employer.

For the purpose of collection and analysis, the department shall have access to and the right to copy from the records any matter or thing pertinent to this subsection, and every employer shall furnish to the department on demand a copy under oath of the material portion of the records as the department requires and, if the department so requires, upon forms prescribed or approved by the department.

The department shall work with the chief information officer to ensure to the maximum extent possible that the integrity and security of the information is maintained and to comply with any applicable requirements of chapter 27, part VII, and related rules.

[(d)] (e) The director may adopt necessary rules pursuant to chapter 91, to administer this section."

SECTION 2. 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 2022-2023 for the purpose of designing, installing, populating, and managing the statewide data hub.

The sum appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on December 25, 2040; provided that section 2 shall take effect on July 1, 2022.

Report Title:

Statewide Data Hub; Employers; Employees; DBEDT; Appropriation

Description:

Requires the Department of Business, Economic Development, and Tourism to establish and maintain a statewide data hub to collect employer and employee data. Authorizes the Department of Business, Economic Development, and Tourism to determine the functions of the statewide data hub and access and document retention policies for the data. Appropriates funds. Effective 12/25/2040. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.