REPORT TITLE:
OIP; Public Meetings


DESCRIPTION:
Gives director of OIP powers and duties under public open
meetings law.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO OFFICE OF INFORMATION PRACTICES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that the office of
 
 2 information practices has as one of its primary functions the
 
 3 implementation and administration of the public records law to
 
 4 promote open government while protecting the individual's
 
 5 constitutional right to privacy.  This office is established
 
 6 under chapter 92F, Hawaii Revised Statutes.  Another law, part of
 
 7 chapter 92, Hawaii Revised Statutes, assures that the public
 
 8 interest of open government is protected by providing that public
 
 9 meetings be open, and if closed, be so only under strict
 
10 exceptions to the general rule.
 
11      The purpose of this Act is to authorize the director of the
 
12 office of information practices to use the director's powers and
 
13 duties available under chapter 92F to administer and enforce
 
14 chapter 92.  To accomplish these ends, this Act requires that the
 
15 specific reasons be given for holding an executive meeting that
 
16 is closed to the public, that public summaries of executive
 
17 meetings and the vote, if any, be included in minutes and any
 
18 action resulting from wilful violation of the foregoing
 
19 requirements would be voidable.  It is the intent of this Act to
 

 
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 1 give the director of information practices the authority to
 
 2 address any complaints of violations of these requirements.
 
 3      SECTION 2.  Section 92-1.5, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "[[]§92-1.5[]]  Administration of this part.  The director
 
 6 of the office of information practices shall administer this
 
 7 part.  The powers and duties of the director of the office of
 
 8 information practices found in section 92F-42 shall also be
 
 9 available to the director under this chapter.  The director shall
 
10 establish procedures for filing and responding to complaints
 
11 filed by any person concerning the failure of any board to comply
 
12 with this part.  The director of the office of information
 
13 practices shall submit an annual report of these complaints along
 
14 with final resolution of complaints, and other statistical data
 
15 to the legislature, no later than twenty days prior to the
 
16 convening of each regular session."
 
17      SECTION 3.  Section 92-4, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "§92-4 Executive meetings.  A board may hold an executive
 
20 meeting closed to the public upon an affirmative vote, taken at
 
21 an open meeting, of two-thirds of the members present; provided
 
22 the affirmative vote constitutes a majority of the members to
 

 
 
 
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 1 which the board is entitled.  A meeting closed to the public
 
 2 shall be limited to matters exempted by section 92-5.  The
 
 3 [reason] specific reasons under section 92-5 for holding such a
 
 4 meeting shall be publicly announced and the vote of each member
 
 5 on the question of holding a meeting closed to the public shall
 
 6 be recorded, and entered into the minutes of the meeting."
 
 7      SECTION 4.  Section 92-9, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (a) to read as follows:
 
 9      "(a)  The board shall keep written minutes of all meetings.
 
10 Summaries of the executive meeting shall be made public.  Unless
 
11 otherwise required by law, neither a full transcript nor a
 
12 recording of the meeting is required, but the written minutes
 
13 shall give a true reflection of the matters discussed at the
 
14 meeting and the views of the participants.  The minutes shall
 
15 include, but need not be limited to:
 
16      (1)  The date, time and place of the meeting;
 
17      (2)  The members of the board recorded as either present or
 
18           absent;
 
19      (3)  The substance of all matters proposed, discussed, or
 
20           decided; and a record, by individual member, of any
 
21           votes taken; [and]
 
22      (4)  Any other information that any member of the board
 

 
 
 
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 1           requests be included or reflected in the minutes[.];
 
 2           and
 
 3      (5)  The specific reasons under section 92-5 for holding any
 
 4           executive meeting, the vote of each member on the
 
 5           question to do so, and a description of the executive
 
 6           meeting including whether or not discussion was held
 
 7           and whether or not votes were taken."
 
 8      SECTION 5.  Section 92-11, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§92-11  Voidability.  Any final action taken in violation
 
11 of sections 92-3 [and], 92-4, 92-7, and 92-9 shall be voidable
 
12 upon proof of wilful violation.  A suit to void any final action
 
13 shall be commenced within ninety days of the action."
 
14      SECTION 6.  Section 92F-42, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "§92F-42  Powers and duties of the office of information
 
17 practices.  The director of the office of information practices:
 
18      (1)  Shall, upon request, review and rule on an agency
 
19           denial of access to information or records, or an
 
20           agency's granting of access; provided that any review
 
21           by the office of information practices shall not be a
 
22           contested case under chapter 91 and shall be optional
 

 
 
 
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 1           and without prejudice to rights of judicial enforcement
 
 2           available under this chapter;
 
 3      (2)  Upon request by an agency, shall provide and make
 
 4           public advisory guidelines, opinions, or other
 
 5           information concerning that agency's functions and
 
 6           responsibilities;
 
 7      (3)  Upon request by any person, may provide advisory
 
 8           opinions or other information regarding that person's
 
 9           rights and the functions and responsibilities of
 
10           agencies under this chapter;
 
11      (4)  May conduct inquiries regarding compliance by an agency
 
12           and investigate possible violations by any agency;
 
13      (5)  May examine the records of any agency for the purpose
 
14           of paragraph (4) and seek to enforce that power in the
 
15           courts of this State;
 
16      (6)  May recommend disciplinary action to appropriate
 
17           officers of an agency;
 
18      (7)  Shall report annually to the governor and the state
 
19           legislature on the activities and findings of the
 
20           office of information practices, including
 
21           recommendations for legislative changes;
 
22      (8)  Shall receive complaints from and actively solicit the
 

 
 
 
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 1           comments of the public regarding the implementation of
 
 2           this chapter;
 
 3      (9)  Shall review the official acts, records, policies, and
 
 4           procedures of each agency;
 
 5     (10)  Shall assist agencies in complying with [the provisions
 
 6           of] this chapter;
 
 7     (11)  Shall inform the public of the following rights of an
 
 8           individual and the procedures for exercising them:
 
 9           (A)  The right of access to records pertaining to the
 
10                individual;
 
11           (B)  The right to obtain a copy of records pertaining
 
12                to the individual;
 
13           (C)  The right to know the purposes for which records
 
14                pertaining to the individual are kept;
 
15           (D)  The right to be informed of the uses and
 
16                disclosures of records pertaining to the
 
17                individual;
 
18           (E)  The right to correct or amend records pertaining
 
19                to the individual; and
 
20           (F)  The individual's right to place a statement in a
 
21                record pertaining to that individual;
 
22     (12)  Shall adopt rules that set forth an administrative
 

 
 
 
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 1           appeals structure which provides for:
 
 2           (A)  Agency procedures for processing records requests;
 
 3           (B)  A direct appeal from the division maintaining the
 
 4                record; and
 
 5           (C)  Time limits for action by agencies;
 
 6     (13)  Shall adopt rules that set forth the fees and other
 
 7           charges that may be imposed for searching, reviewing,
 
 8           or segregating disclosable records, as well as to
 
 9           provide for a waiver of fees when the public interest
 
10           would be served;
 
11     (14)  Shall adopt rules which set forth uniform standards for
 
12           the records collection practices of agencies;
 
13     (15)  Shall adopt rules that set forth uniform standards for
 
14           disclosure of records for research purposes;
 
15     (16)  Shall have standing to appear in cases where the
 
16           provisions of this chapter are called into question;
 
17     (17)  Shall adopt, amend, or repeal rules pursuant to chapter
 
18           91 necessary for the purposes of this chapter; and
 
19     (18)  Shall take action to oversee compliance with part I of
 
20           chapter 92 by all state and county boards using the
 
21           powers and duties set forth in this section, including:
 
22           (A)  Receiving and resolving complaints;
 

 
 
 
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 1           (B)  Advising all government boards and the public
 
 2                about compliance with chapter 92; and
 
 3           (C)  Reporting each year to the legislature on all
 
 4                complaints received pursuant to section 92-1.5."
 
 5      SECTION 7.  There is appropriated out of the general
 
 6 revenues of the State of Hawaii the sum of $       , or so much
 
 7 thereof as may be necessary for fiscal year 2000-2001, for the
 
 8 office of information practices.  The sum appropriated shall be
 
 9 expended by the Hawaii state legislature for the purposes of this
 
10 Act.
 
11      SECTION 8.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 9.  This Act shall take effect upon its approval.
 
14 
 
15                           INTRODUCED BY:_________________________