| 47 | | - | 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[,] 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 other information as the director of business, economic development, and tourism 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 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 of business, economic development, and tourism 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 and analyze information and data regarding the wages and hours of employment in the State from employers. Every employer subject to chapter 371 shall make, keep, and preserve records of the persons employed by the employer and of the wages and hours of employment maintained by the employer, and preserve the records for one year. In addition, every employer shall keep a record of the current physical address of the employer and the North American Industry Classification System code applicable to the employer, regardless of whether the employer uses a professional employer organization or a third-party administrator. For the purpose of collection and analysis, the department shall have access to and the right to copy records of any matter or thing pertinent to this subsection from employers, and every employer shall furnish to the department, on demand, a copy 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 of business, economic development, and tourism may adopt [necessary] rules necessary, 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 on June 30, 3000. |
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| 47 | + | 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 and analyze information and data regarding the wages, hours, conditions, and practices of employment in the State from employers. Every employer subject to chapter 371 shall make, keep, and preserve records of the persons employed by the employer and of the wages, hours, conditions, and practices of employment, maintained by the employer, and preserve the records for five years. In addition, every employer, 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, regardless of whether the employer uses a professional employer organization or a third-party administrator. For the purpose of collection and analysis, the department shall have access to and the right to copy records of any matter or thing pertinent to this subsection from employers, and every employer shall furnish to the department, on demand, a copy of the records as the department requires and, if the department so requires, upon forms prescribed or approved by the department. (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 |
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