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THE SENATE |
S.B. NO. |
2735 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE INDEPENDENCE OF THE OFFICE OF INFORMATION PRACTICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Part I of chapter 92, Hawaii Revised Statutes, the Sunshine Law, and chapter 92F, Hawaii Revised Statutes, the Uniform Information Practices Act (Modified), are intended to encourage public scrutiny and participation in government processes. The office of information practices, which administers both laws, serves as a neutral third party providing advice and resolving disputes involving the laws. In that capacity, the office of information practices provides advice and counsel to the general public and to all state and county agencies, including the state attorney general, county corporation counsels, the judiciary, the legislature, all executive branch agencies, and independent entities such as the University of Hawaii and the office of Hawaiian affairs. The office's powers and duties are vested in its director. However, unlike legislative agency heads and good government agencies such as the ombudsman, the auditor, the ethics commission's executive director, and the director of the legislative reference bureau, all of whom have term length and salary set by statute, the office of information practices' director's term, removal, and salary are at the governor's sole discretion.
To avoid the potential for undue political interference with the office of information practices' government function, to promote the office's independence and neutrality, and to provide administrative stability and help retain the office's competent staff, the legislature intends through this Act to statutorily set the office of information practices' director's term, removal, and salary based on the existing statutory provisions relating to legislative and executive agency heads.
SECTION 2. Section 92F-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b)
The governor shall nominate and, by and
with the advice and consent of the senate,
appoint a director of the office of information practices to be its
chief executive officer, who shall serve for a period of six years and shall continue in office until a successor is nominated and
appointed, and who shall be exempt from chapter 76. The governor may remove or suspend the
director from office for cause after due notice and
public hearing. Effective July 1,
2018, the salary of the director shall be the same as
the salary of the director of health, without diminution during the director's
term of office unless by general law applying to all salaried officers of the
State."
SECTION 3.
There is appropriated out of the general revenues of the State of Hawaii
the sum of $ or so much thereof as
may be necessary for fiscal year 2018-2019 to implement the purposes of this
Act. The sum appropriated shall be
expended by the office of information practices.
SECTION 4.
New statutory material is underscored.
SECTION 5. This Act, upon its approval, shall take effect on July 1, 2018.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Relating to the Independence of the Office of Information Practices
Description:
Statutorily establishes the Office of Information Practices' Director's term for six years and thereafter until a successor is appointed, and sets the salary equivalent to the salary of the Director of Health.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.