HB670 HD2

HOUSE OF REPRESENTATIVES	H.B. NO.	670
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO INFORMATION PRACTICES.

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

SECTION 1. The legislature finds that private donations to the University of Hawaii are critical to the success of the university's educational mission. This proposal is to protect the privacy rights of individual donors to the University of Hawaii and the University of Hawaii Foundation.

The legislature finds that the intent of the Uniform Information Practices Act was not to require disclosure of private donor information, but rather to open government operations up to public scrutiny. Section 92F-2, Hawaii Revised Statutes, provides in pertinent part:

Opening up the government processes to public scrutiny and participation is the only viable and reasonable method of protecting the public's interest. Therefore the legislature declares that it is the policy of this State that the formation and conduct of public policy--the discussions, deliberations, decisions, and action of government agencies--shall be conducted as openly as possible.

The policy of conducting government business as openly as possible must be tempered by a recognition of the right of the people to privacy.

The legislature finds that individual donors to the University of Hawaii or the University of Hawaii Foundation have significant privacy interests in records relating to their donations. The legislature further finds that this Act would clarify the law in this area by protecting from disclosure, for purposes of the Uniform Information Practices Act, certain donor records held by the University of Hawaii and the University of Hawaii Foundation, if those records were found to be subject to the Act.

The purpose of this Act is to provide that certain donor records and information would not be subject to disclosure for purposes of the Uniform Information Practices Act under chapter 92F, Hawaii Revised Statutes. This would thus protect from disclosure:

(1) Donor records that disclose or may lead to the discovery of the identity of an individual donor who has requested anonymity;

(2) Any individual donor's personal, financial, estate or gift planning matters; or

(3) Any donor solicitation strategies of the Foundation or the university.

This exception would not protect from disclosure the amount, date, and purpose of any donation; the name of a donor who did not request anonymity; or information regarding corporate donors. Further, the protection from disclosure would not protect the anonymity of a donor who directly or indirectly transacts business with the University of Hawaii or the University of Hawaii Foundation.

SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§304A- Donor records protected from disclosure. (a) For the purposes of chapter 92F, records that contain information about or pertain to any individual who is a donor or potential donor to the University of Hawaii, University of Hawaii Foundation, or donor solicitation strategy shall not be disclosed, other than:

(1) The name of the donor, unless the donor requested anonymity;

(2) Date;

(3) Amount; and

(4) Purpose of the donation.

(b) Notwithstanding the provisions of subsection (a), the name of any donor that requested anonymity shall not be protected from disclosure if the donor, or any entity in which the donor has a substantial interest, transacts business with the University of Hawaii or the University of Hawaii Foundation, or any affiliate thereof, within three years of the date of any donation by that donor.

(c) For the purposes of this section, "business transaction" shall include any sale or lease of any real or personal property, or sales of services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative in an aggregate amount in excess of $10,000 during a calendar year.

As used in this section, "substantial interest" means the direct or indirect ownership of more than twenty-five per cent of the assets or ownership interests of an entity."

SECTION 3. Nothing in this Act shall be construed to imply that the University of Hawai‘i Foundation is a governmental or quasi-governmental agency or body for purposes of chapter 92, chapter 92F, or any other provision of law.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.