Report Title:
Office of Information Practices; Administrative Fines; Agency
Description:
Authorizes the OIP to issue administrative fines against state or county agencies that do not comply with OIP opinions.
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THE SENATE |
S.B. NO. |
1550 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the office of information practices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that government agency compliance with the Uniform Information Practices Act, chapter 92F, Hawaii Revised Statutes (open records law), is not consistent and is too often viewed as a source of frustration by the public. The law does not currently provide consequences for noncompliance, except for judicial action that is rarely used.
Therefore, agencies have little incentive for organizing their operations to routinely accommodate records requests from citizens, as required by law. The legislature finds that appropriate consequences would encourage agencies and employees to respond to records requests in accordance with the open records law.
The purpose of this Act is to authorize the office of information practices to issue an administrative fine of $50 for each violation of the Uniform Information Practices Act.
SECTION 2. Section 92F-15.5, Hawaii Revised Statutes, is amended to read as follows:
"§92F-15.5 Alternative method to appeal a denial of access[.]; agency fines. (a) When an agency denies a person access to a government record, the person may appeal the denial to the office of information practices in accordance with rules adopted pursuant to section 92F-42(12). A decision to appeal to the office of information practices for review of the agency denial shall not prejudice the person's right to appeal to the circuit court after a decision is made by the office of information practices.
(b) If the decision is to disclose, the office of information practices shall notify the person and the agency, and the agency shall make the record available. If the denial of access is upheld, in whole or in part, the office of information practices shall, in writing, notify the person of the decision, the reasons for the decision, and the right to bring a judicial action under section 92F-15(a).
(c) Any agency that does not comply with the office of information practices' opinion under subsection (b) may be fined $50 for each violation in accordance with rules adopted pursuant to section 92F-42(19)."
SECTION 3. Section 92F-42, Hawaii Revised Statutes, is amended to read as follows:
"§92F-42 Powers and duties of the office of information practices. The director of the office of information practices:
(1) Shall, upon request, review and rule on an agency denial of access to information or records, or an agency's granting of access; provided that any review by the office of information practices shall not be a contested case under chapter 91 and shall be optional and without prejudice to rights of judicial enforcement available under this chapter;
(2) Upon request by an agency, shall provide and make public advisory guidelines, opinions, or other information concerning that agency's functions and responsibilities;
(3) Upon request by any person, may provide advisory opinions or other information regarding that person's rights and the functions and responsibilities of agencies under this chapter;
(4) May conduct inquiries regarding compliance by an agency and investigate possible violations by any agency;
(5) May examine the records of any agency for the purpose of paragraph (4) and seek to enforce that power in the courts of this State;
(6) May recommend disciplinary action to appropriate officers of an agency;
(7) Shall report annually to the governor and the state legislature on the activities and findings of the office of information practices, including recommendations for legislative changes;
(8) Shall receive complaints from and actively solicit the comments of the public regarding the implementation of this chapter;
(9) Shall review the official acts, records, policies, and procedures of each agency;
(10) Shall assist agencies in complying with the provisions of this chapter;
(11) Shall inform the public of the following rights of an individual and the procedures for exercising them:
(A) The right of access to records pertaining to the individual;
(B) The right to obtain a copy of records pertaining to the individual;
(C) The right to know the purposes for which records pertaining to the individual are kept;
(D) The right to be informed of the uses and disclosures of records pertaining to the individual;
(E) The right to correct or amend records pertaining to the individual; and
(F) The individual's right to place a statement in a record pertaining to that individual;
(12) Shall adopt rules that set forth an administrative appeals structure which provides for:
(A) Agency procedures for processing records requests;
(B) A direct appeal from the division maintaining the record; and
(C) Time limits for action by agencies;
(13) Shall adopt rules that set forth the fees and other charges that may be imposed for searching, reviewing, or segregating disclosable records, as well as to provide for a waiver of fees when the public interest would be served;
(14) Shall adopt rules which set forth uniform standards for the records collection practices of agencies;
(15) Shall adopt rules that set forth uniform standards for disclosure of records for research purposes;
(16) Shall have standing to appear in cases where the provisions of this chapter are called into question;
(17) Shall adopt, amend, or repeal rules pursuant to chapter 91 necessary for the purposes of this chapter; [and]
(18) Shall take action to oversee compliance with part I of chapter 92 by all state and county boards including:
(A) Receiving and resolving complaints;
(B) Advising all government boards and the public about compliance with chapter 92; and
(C) Reporting each year to the legislature on all complaints received pursuant to section 92-1.5[.]; and
(19) Shall adopt rules that set forth uniform standards for issuing fines against agencies failing to comply with the office of information practices' opinions under section 92F-15.5(b)."
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.
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INTRODUCED BY: |
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