THE SENATE	S.B. NO.	3049
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EMPLOYER INFORMATION.

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. (a) The director, 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 other information as the director may deem necessary, for the purposes of sound economic research and analysis. The director shall be responsible for collecting, analyzing, and disseminating such 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 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 may collect from employers information and data, and may analyze such information and data, regarding the wages, hours, and other conditions and practices of employment in the State. 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.

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

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Employer Information; Department of Business, Economic Development, and Tourism

Description:

Amends section 201-13.8, Hawaii Revised Statutes, to allow the Department of Business, Economic Development, and Tourism to collect and analyze employer information and data.

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