HB1530.DOC

HOUSE OF REPRESENTATIVES	H.B. NO.	1530
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to Freedom of information.

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

SECTION 1. The legislature finds that the sunshine law, chapter 92, Hawaii Revised Statutes, is administered by the office of information practices and that this office should also have the responsibility of enforcing this law.

In order to ensure that fees for accessing government records do not prohibit reasonable public access, the legislature supports fee waivers by the office of information practices when the waivers are determined to be in the public's interest.

The purpose of this Act is to:

(1) Clarify that the office of information practices has the authority to enforce the open meetings law; and

(2) Allow the office on information practices to waive any fee to access a record under specified conditions.

SECTION 2. Section 92-1.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§92-1.5[]] Administration and enforcement of this part. The director of the office of information practices shall administer and enforce 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."

SECTION 3. 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~~] the 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~~] The 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 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 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2009.

INTRODUCED BY:	_____________________________