HB1303.DOC

SECTION 1. The legislature finds that true accountability is fostered when state and county governmental agencies provide open access to their records. Often, agencies will need to access each other's records in order to carry out their duties under the law. While agencies often provide copies to other agencies free of charge, some agencies do assess fees, even when the requestor of the record is a fellow governmental agency.

The purpose of this Act is to promote transparency, accountability, and governmental efficiency by:

(1) Clarifying that the current statutory language that

prohibits a state governmental department from collecting a fee from another state governmental department for the provision of copies of governmental records also applies to all units of government in this State, except those agencies excluded by section 92F-3 of the Hawaii Revised Statutes;

(2) Expanding the scope of the foregoing prohibition by prohibiting state and county agencies from collecting fees from each other for the provision of copies of governmental records; and

(3) Placing the administration of this prohibition within the scope of the duties of the office of information practices.

SECTION 2. Section 92-21, Hawaii Revised Statutes, is amended to read as follows:

"PART III. COPIES OF RECORDS; COSTS AND FEES

§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. 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. 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. 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.

(b) This section shall not be held to amend or repeal section 92F-19(c) or 94-4."

SECTION 3. Section 92F-19, Hawaii Revised Statutes, is amended to read as follows:

"§92F-19 Limitations on disclosure of government records to other agencies. (a) No agency may disclose or authorize disclosure of government records to any other agency unless the disclosure is:

(1) Necessary for the performance of the requesting agency's duties and functions and is also:

(A) Compatible with the purpose for which the information was collected or obtained; or

(B) Consistent with the conditions or reasonable expectations of use and disclosure under which the information was provided;

(2) To the state archives for the purposes of historical preservation, administrative maintenance, or destruction;

(3) To another agency, another state, or the federal government, or foreign law enforcement agency or authority, if the disclosure is:

(A) For the purpose of a civil or criminal law enforcement activity authorized by law; and

(B) Pursuant to:

(i) A written agreement or written request, or

(ii) A verbal request, made under exigent circumstances, by an officer or employee of the requesting agency whose identity has been verified, provided that such request is promptly confirmed in writing;

(4) To a criminal law enforcement agency of this State, another state, or the federal government, or a foreign criminal law enforcement agency or authority, if the information is limited to an individual's name and other identifying particulars, including present and past places of employment;

(5) To a foreign government pursuant to an executive agreement, compact, treaty, or statute;

(6) To the legislature, or a county council, or any committee or subcommittee thereof;

(7) Pursuant to an order of a court of competent jurisdiction;

(8) To authorized officials of another agency, another state, or the federal government for the purpose of auditing or monitoring an agency program that receives federal, state, or county funding;

(9) To the offices of the legislative auditor, the legislative reference bureau, or the ombudsman of this State for the performance of their respective functions;

(10) To the department of human resources development, county personnel agencies, or line agency personnel offices for the performance of their respective duties and functions, including employee recruitment and examination, classification and compensation reviews, the administration and auditing of personnel transactions, the administration of training and safety, workers' compensation, and employee benefits and assistance programs, and for labor relations purposes; or

(11) Otherwise subject to disclosure under this chapter.

(b) An agency receiving government records pursuant to subsection (a) shall be subject to the same restrictions on disclosure of the records as the originating agency.

(c) One agency shall not be required to pay any fee to any other agency for the preparation, duplication, or certification by the latter of any government record."

SECTION 4. Section 92-26, Hawaii Revised Statutes, is repealed.

["§92-26 Fees; exemption. One department of the state government shall not be required to pay any fee to any other department of the state government for the preparation and certification by the latter of any government record, nor shall section 92-21 be held to amend or repeal section 94-4."]

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, 2015.

INTRODUCED BY:

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HOUSE OF REPRESENTATIVES	H.B. NO.	1303
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII