STAND. COM. REP. NO. 3032

Honolulu, Hawaii

RE:    H.B. No. 2217

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Intergovernmental and Military Affairs, to which was referred H.B. No. 2217, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE OFFICE OF INFORMATION PRACTICES,"

begs leave to report as follows:

     The purpose of this measure is to require the Director of the Office of Information Practices to provide a written opinion within ninety days of when a county legislative body, or member thereof, makes a written request for a written advisory opinion.

     Your Committee received testimony in support of this measure from the Maui County Council.  The Office of Information Practices submitted testimony in opposition to this measure.

     Your Committee finds that the Office of Information Practices is responsible for subject matter under the Uniform Information Practices Act, chapter 92F, Hawaii Revised Statutes, and under the Sunshine Law, part 1 chapter 92, Hawaii Revised Statutes, which provides jurisdiction over all government records of all state and county agencies as well as the meetings of all boards and commissions.

     Your Committee understands the need for the written advisory opinion requirement but finds that the ninety day deadline for responding to these requests may provide an automatic priority to opinion requests from county legislative bodies.  This may unduly restrict the Office of Information Practice's ability to prioritize its workload based on public policy considerations.

     Your Committee has therefore amended this measure to delete any reference to a ninety day deadline for responding to requests made by county legislative bodies.      

     The purpose of this measure is to

     As affirmed by the record of votes of the members of your Committee on Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2217, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2217, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Intergovernmental and Military Affairs,

____________________________

LORRAINE R. INOUYE, Chair