Report Title:
Clarifying duties of the Office of Information Practices; Sunshine Law.
Description:
Authorizes the Office of Information Practices to conduct inquiries and provide advisory opinions on alleged Sunshine Law violations the same way the office is authorized to conduct inquires and provide opinions for violations of the Uniform Information Practices Act
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THE SENATE |
S.B. NO. |
3104 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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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. Section 92-1.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§92-1.5[]] Administration
of this part. The director of the office of information practices shall
administer 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.]:
(1) Shall, upon the filing of a complaint by any person alleging the failure of a board to comply with this part, review the allegations and determine whether the board has satisfied the requirements of this part; provided that any review shall not be a contested case under chapter 91 and shall not preclude the complainant or any other person from filing suit or initiating a civil action under this part;
(2) Upon request by a board, shall provide and make public advisory guidelines, opinions, or other information concerning that board's functions and responsibilities under this part;
(3) Upon request by any person, may provide advisory opinions or other information regarding that person's rights and the functions and responsibilities of boards under this part;
(4) May conduct inquiries regarding compliance by a board and investigate possible violations under this part;
(5) May examine the records and make inquiries of any board for the purpose of paragraph (4) and seek to enforce that power in the courts of this State;
(6) May recommend disciplinary action to the appointing authority of a board for violations of this part;
(7) Shall receive complaints from and actively solicit the comments of the public regarding the implementation of this part;
(8) May review the official acts, records, policies, and procedures of a board under this part;
(9) Shall assist boards in complying with the provisions of this part;
(10) Shall have standing to appear in civil actions relating to the application of this part; and
(11) Shall report annually to the governor and the legislature on the activities and findings of the office of information practices. "
SECTION 2. Section 92-12, Hawaii Revised Statutes, is amended to read as follows:
"§92-12 Enforcement. (a) The attorney general and the prosecuting attorney shall enforce this part.
(b) The circuit courts of the State shall have jurisdiction to enforce the provisions of this part by injunction or other appropriate remedy.
(c) Any person may commence a suit in the
circuit court of the circuit in which a prohibited act occurs for the purpose
of requiring compliance with or preventing violations of this part or to
determine the applicability of this part to discussions or decisions of the [public body.] board. The court may
order payment of reasonable attorney fees and costs to the prevailing party in
a suit brought under this section.
(d) When filing a civil action under this part, the plaintiff shall notify the office of information practices of the filing by delivering a file-stamped copy of the complaint.
(e) The office of information practices may intervene in any civil action filed under this part.
[(d)] (f) The proceedings for review
shall not stay the enforcement of any [agency]
board decisions; but the reviewing court may order a stay if the
following criteria have been met:
(1) There is likelihood that the party bringing the action will prevail on the merits;
(2) Irreparable damage will result if a stay is not ordered;
(3) No irreparable damage to the public will result from the stay order; and
(4) Public interest will be served by the stay order. "
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |