SB1300

SECTION 1. (a) The legislature finds that government agency compliance with the Uniform Information Practices Act, chapter 92F (open records law) and chapter 92 (public agency meetings and records), Hawaii Revised Statutes, is not consistent and is too often viewed as a source of frustration by the public. It appears that agency personnel who receive inquiries on these statutes may not be fully aware or understand provisions in these laws, which together are known as Hawaii's freedom of information laws.

Thus the legislature believes that requiring state and county departments to appoint a contact person to serve as a point of contact for freedom of information inquiries will:

(1) Increase departmental understanding of the Uniform Informational Practices Act, chapter 92F, and chapter 92, Hawaii Revised Statutes, on public agency meetings and records, which will aid the departments in responding to public inquiries regarding these laws; and

(2) Reduce the number of freedom of information inquiries directed to the office of information practices.

The point of contact for the department is meant to assist the department employees with freedom of information inquiries. The contact for the department is not meant to be the sole contact person for public access to the department records.

The legislature further finds that disclosure of government records would be enhanced by making all executive orders available for public inspection, and by allowing a waiver of fees to access government documents if the public interest is served by a waiver

(b) The purpose of this Act is to:

(1) Require state and county departments to designate a contact person for freedom of information inquiries, and require the office of information practices to provide training to the departmental contacts; and

(2) Allow the office of information practices to waive fees to access government documents if the public interest is served by a waiver.

SECTION 2. Chapter 92F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§92F‑ State and county department contact person. Each state and county department shall designate a person to be the department's contact for freedom of information inquiries including the Uniform Information Practices Act, chapter 92F, and chapter 92, public agency meetings and records. These persons shall attend office of information practices training classes pursuant to section 92F-42(19). Requests for information may be made directly to other personnel within the agency or department."

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~~] Upon request, shall 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;

(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~~] that provides for:

(A) Agency procedures for processing records requests;

(B) A direct appeal from the division maintaining the record; and

(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~~] that 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

(19) Shall provide state and county department freedom of information contact persons designated under section 92F‑ with training on this chapter and chapter 92."

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 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 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 any cost borne by the agency for the waiver shall not unduly disrupt operations of the agency."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2007.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1300
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII