Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Transportation and Government Operations, to which was referred S.B. No. 2365 entitled:

begs leave to report as follows:

The purpose of this Act is to authorize the Office of Information Practices (OIP) to file an action in the circuit courts to compel an agency to comply with an OIP decision rendered in accordance with OIP's statutory authority.

Your Committee received testimony in support of this measure from the OIP, the Society of Professional Journalists, and the League of Women Voters of Hawaii.

This measure addresses the situation in which an agency ignores an OIP decision on an appeal to the OIP from a person who has been denied access to a government record by that agency. This measure would allow OIP to enforce its decisions by taking legal action to compel the agency to comply. The OIP lacks this power under current law. Notwithstanding OIP's determination that a government record is public and must be disclosed, an agency can simply ignore an OIP decision. There are no current statutory mechanisms to force an agency to comply with OIP's decision.

As affirmed by the record of votes of the members of your Committee on Transportation and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2365 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.