STAND. COM. REP. NO. 641-24

Honolulu, Hawaii

, 2024

RE: H.B. No. 1916

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committees on Judiciary & Hawaiian Affairs and Consumer Protection & Commerce, to which was referred H.B. No. 1916 entitled:

"A BILL FOR AN ACT RELATING TO THE DISCLOSURE OF PERSONAL INFORMATION ASSOCIATED WITH CERTAIN PUBLIC SERVANTS,"

beg leave to report as follows:

The purpose of this measure is to restrict the information published by the government or private entities that identifies the personal residence and other personally identifying information of certain public servants who are at greater risk of harm due to the important decision-making functions associated with their government jobs.

Your Committees received testimony in support of this measure from the Judiciary; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Hawaii State Bar Association; American Judicature Society; and one individual. Your Committees received testimony in opposition to this measure from the Public First Law Center. Your Committees received comments on this measure from the Office of Information Practices; Department of Land and Natural Resources; and Department of Budget and Fiscal Services of the City and County of Honolulu.

Your Committees find that threats and inappropriate communications to judges and court personnel have escalated in recent years. Your Committees further recognize that, given the expanded availability of personal information of judges and judiciary staff through various sources, additional measures are needed to ensure the safety of judges and judiciary personnel.

Your Committees additionally find that a similar measure, H.B. No. 386, H.D. 1, passed third reading in the House of Representatives and second reading in the Senate before being deferred by the Senate Standing Committee on Ways and Means during the Regular Session of 2023. That measure, which was focused on prohibiting the publication of personal information of judges and judiciary staff, did not receive any written testimony in opposition during the legislative process as the respective standing committees only received written testimony in support of the measure.

Accordingly, your Committees have amended this measure by:

(1) Deleting the contents of this measure and inserting the contents of H.B. No. 386, H.D. 1, which prohibits posting the personal information of state and federal judges and other judicial staff online with the intent to intimidate or threaten injury, harm, or violence, or when the information would expose them to harassment or risk of harm to life or property;

(2) Changing the effective date to July 1, 3000, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Judiciary & Hawaiian Affairs and Consumer Protection & Commerce that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1916, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1916, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Judiciary & Hawaiian Affairs and Consumer Protection & Commerce,

____________________________ MARK M. NAKASHIMA, Chair

____________________________ DAVID A. TARNAS, Chair