Bill Text: HI SB2386 | 2012 | Regular Session | Introduced
Bill Title: Native Hawaiian Roll Commission; Qualified Native Hawaiian Roll; Privacy
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Passed) 2012-04-27 - (S) Act 084, 4/26/2012 (Gov. Msg. No. 1185). [SB2386 Detail]
Download: Hawaii-2012-SB2386-Introduced.html
|
THE SENATE |
S.B. NO. |
2386 |
|
TWENTY-SIXTH LEGISLATURE, 2012 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to the native hawaiian roll commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 10H-3, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"[[]§10H-3[]] Native
Hawaiian roll commission. (a) There is established a five-member Native
Hawaiian roll commission within the office of Hawaiian affairs for administrative
purposes only. The Native Hawaiian roll commission shall be responsible for:
(1) Preparing and maintaining a roll of qualified
Native Hawaiians; [and]
(2) Certifying that the individuals on the roll of qualified Native Hawaiians meet the definition of qualified Native Hawaiians. For purposes of establishing the roll, a "qualified Native Hawaiian" means an individual who the commission determines has satisfied the following criteria and who makes a written statement certifying that the individual:
(A) Is:
(i) An individual who is a descendant of the aboriginal peoples who, prior to 1778, occupied and exercised sovereignty in the Hawaiian islands, the area that now constitutes the State of Hawaii; or
(ii) An individual who is one of the indigenous, native people of Hawaii and who was eligible in 1921 for the programs authorized by the Hawaiian Homes Commission Act, 1920, or a direct lineal descendant of that individual;
(B) Has maintained a significant cultural, social, or civic connection to the Native Hawaiian community and wishes to participate in the organization of the Native Hawaiian governing entity; and
(C) Is eighteen years of age or older[.];
and
(3) Receiving and maintaining documents that verify ancestry; cultural, social, or civic connection to the Native Hawaiian community; and age from individuals seeking to be included in the roll of qualified Native Hawaiians. These verification documents shall be subject to section 92F-14 and the commission shall keep these documents confidential."
SECTION 2. Section 10H-4, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"[[]§10H-4[]] Notice of
qualified Native Hawaiian roll. (a) The commission shall publish notice
of the certification of the qualified Native Hawaiian roll, update the roll as
necessary, and publish notice of the updated roll of qualified Native Hawaiians[.];
provided that the commission shall not publish or release any verification
documents of any qualified Native Hawaiian on the roll."
SECTION 3. Section 92F-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The following are examples of information in which the individual has a significant privacy interest:
(1) Information relating to medical, psychiatric, or psychological history, diagnosis, condition, treatment, or evaluation, other than directory information while an individual is present at such facility;
(2) Information identifiable as part of an investigation into a possible violation of criminal law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation;
(3) Information relating to eligibility for social services or welfare benefits or to the determination of benefit levels;
(4) Information in an agency's personnel file, or applications, nominations, recommendations, or proposals for public employment or appointment to a governmental position, except:
(A) Information disclosed under section 92F‑12(a)(14); and
(B) The following information related to employment misconduct that results in an employee's suspension or discharge:
(i) The name of the employee;
(ii) The nature of the employment related misconduct;
(iii) The agency's summary of the allegations of misconduct;
(iv) Findings of fact and conclusions of law; and
(v) The disciplinary action taken by the agency;
when the following has occurred: the highest non-judicial grievance adjustment procedure timely invoked by the employee or the employee's representative has concluded; a written decision sustaining the suspension or discharge has been issued after this procedure; and thirty calendar days have elapsed following the issuance of the decision; provided that this subparagraph shall not apply to a county police department officer except in a case which results in the discharge of the officer;
(5) Information relating to an individual's nongovernmental employment history except as necessary to demonstrate compliance with requirements for a particular government position;
(6) Information describing an individual's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness;
(7) Information compiled as part of an inquiry into an individual's fitness to be granted or to retain a license, except:
(A) The record of any proceeding resulting in the discipline of a licensee and the grounds for discipline;
(B) Information on the current place of employment and required insurance coverages of licensees; and
(C) The record of complaints including all dispositions;
(8) Information comprising a personal recommendation
or evaluation; [and]
(9) Social security numbers[.]; and
(10) Information and documents received, obtained, and maintained by the Native Hawaiian roll commission for the purposes of satisfying the criteria for inclusion in the roll of qualified Native Hawaiians under section 10H-3. The commission shall keep these documents and information confidential."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Native Hawaiian Roll Commission; Qualified Native Hawaiian Roll; Privacy
Description:
Specifies the verification documents submitted by individuals seeking to be included on the roll of qualified Native Hawaiians as information in which an individual has a significant privacy interest, which shall not be disclosed, while ensuring the commission's authority to publish registered names and the notice of certification of the roll, as required under existing law.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
