STAND. COM. REP. NO. 802

Honolulu, Hawaii

, 2025

RE: H.B. No. 131

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 131 entitled:

"A BILL FOR AN ACT RELATING TO RESEARCH,"

begs leave to report as follows:

The purpose of this measure is to allow agencies to disclose government records to researchers for certain research purposes.

Your Committee received testimony in support of this measure from the Department of Health; Office of Information Practices; League of Women Voters of Hawaii; Public First Law Center; Grassroot Institute of Hawaii; Hawaiʻi Data Collaborative; and two individuals. Your Committee received testimony in opposition to this measure from the University of Hawaiʻi System and one individual. Your Committee received comments on this measure from the Department of Land and Natural Resources and Department of Human Services.

Your Committee finds that under existing law, the Office of Information Practices is required to adopt rules setting forth uniform standards for disclosure of records for research purposes. However, there is no statutory authorization of research requests for the Office of Information Practices to implement by means of rules. The substantive law instead sets a general "any person" standard for record disclosure, which prohibits an agency from disclosing a record to some members of the public but withhold it from others. This measure provides clarity in the situation in which agencies may disclose information to researchers without waiving their ability to withhold the information from the general public.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 131 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair