Allows the OIP to enforce chapter 92, public agency meetings and records. Allows OIP to waive fees to access government records if public interest is served by a waiver. Requires the judicial council to provide 2 or more nominees to the governor for the OIP director position, which shall be for a term of 6 years. Removes wilful intent from voiding final actions and removes mandatory voiding of sunshine law violations. (SD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that the sunshine law, chapter 92, Hawaii Revised Statutes, is administered by the office of information practices and that this office should also have the responsibility of enforcing this law. The legislature also believes that enforcement of chapter 92 should not require proof of wilful intent, and neither should the voiding of action be mandatory.

In order to ensure that fees for accessing government records do not prohibit reasonable public access, the legislature supports fee waivers by the office of information practices when the waivers are determined to be in the public's interest.

The legislature further finds that judicial council nominations for the position of director of the office of information practices, for a term of six years, would provide that office with more independence and stability.

The purpose of this Act is to:

SECTION 2. Section 92-1.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§92-1.5[]] Administration and enforcement of this part. The director of the office of information practices shall administer and enforce this part. The director shall establish procedures for filing and responding to complaints filed by any person concerning the failure of any board to comply with this part. The director of the office of information practices shall submit an annual report of these complaints along with final resolution of complaints, and other statistical data to the legislature, no later than twenty days prior to the convening of each regular session."

SECTION 3. Section 92-11, Hawaii Revised Statutes, is amended to read as follows:

"§92-11 Voidability. Any final action taken in violation of sections 92-3 and 92-7 [shall] may be voidable upon proof of [wilful] violation. A suit to void any final action shall be commenced within ninety days of the action."

SECTION 4. Section 92-21, Hawaii Revised Statutes, is amended to read as follows:

"§92-21 Copies of records; other costs and fees. (a) Except as otherwise provided by law, a copy of any government record, including any map, plan, diagram, photograph, photostat, or geographic information system digital data file, [which] that is open to the inspection of the public, shall be furnished to any person applying for the same by the public officer having charge or control thereof upon the payment of the reasonable cost of reproducing such copy.

(b) Except as provided in section 91-2.5, the cost of reproducing any government record, except geographic information system digital data, shall not be less than 5 cents per page, sheet, or fraction thereof.

(c) The cost of reproducing geographic information system digital data shall be in accordance with rules adopted by the agency having charge or control of that data. [Such] The reproduction cost shall include but shall not be limited to labor cost for search and actual time for reproducing, material cost, including electricity cost, equipment cost, including rental cost, cost for certification, and other related costs.

(d) All fees shall be paid in by the public officer receiving or collecting the same to the state director of finance, the county director of finance, or to the agency or department by which the officer is employed, as government realizations; provided that fees collected by the public utilities commission pursuant to this section shall be deposited in the public utilities commission special fund established under section 269-33.

(e) Notwithstanding any other law to the contrary, any fee to access a record may be waived by the office of information practices if it determines that the public's interest is served by a waiver; provided that:

SECTION 5. Section 92F-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The judicial council shall select two or more candidates for the position of director of the office of information practices. From these candidates the governor shall appoint a director [of the office of information practices to] who shall be [its] the chief executive officer of the office of information practices and [who shall be] exempt from chapter 76. The appointment shall be for a term of six years."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2005.