HOUSE OF REPRESENTATIVES

H.B. NO.

2037

THIRTY-FIRST LEGISLATURE, 2022

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

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 92F-42, Hawaii Revised Statutes, is amended to read as follows:

     "§92F-42  Powers and duties of the office of information practices.  The director of the office of information practices:

     (1)  Shall, upon request, review and either rule or provide written guidance on an agency denial of access to information or records, or an agency's granting of access; provided that any review by the office of information practices shall not be a contested case under chapter 91 and shall be optional and without prejudice to rights of judicial enforcement available under this chapter;

     (2)  Upon request by an agency, shall provide and make public advisory guidelines, opinions, or other information concerning that agency's functions and responsibilities;

     (3)  Upon request by any person, may provide advisory opinions or other information regarding that person's rights and the functions and responsibilities of agencies under this chapter;

     (4)  May conduct inquiries regarding compliance by an agency and investigate possible violations by any agency;

     (5)  May examine the records of any agency for the purpose of paragraphs (4) and (18) and seek to enforce that power in the courts of this State;

     (6)  May recommend disciplinary action to appropriate officers of an agency;

     (7)  Shall report annually to the governor and the state legislature on the activities and findings of the office of information practices, including recommendations for legislative changes;

     (8)  Shall receive complaints from and actively solicit the comments of the public regarding the implementation of this chapter;

     (9)  Shall review the official acts, records, policies, and procedures of each agency;

    (10)  Shall assist agencies in complying with the provisions of this chapter;

    (11)  Shall inform the public of the following rights of an individual and the procedures for exercising them:

          (A)  The right of access to records pertaining to the individual;

          (B)  The right to obtain a copy of records pertaining to the individual;

          (C)  The right to know the purposes for which records pertaining to the individual are kept;

          (D)  The right to be informed of the uses and disclosures of records pertaining to the individual;

          (E)  The right to correct or amend records pertaining to the individual; and

          (F)  The individual's right to place a statement in a record pertaining to that individual;

    (12)  Shall adopt rules that set forth an administrative appeals structure which provides for:

          (A)  Agency procedures for processing records requests;

          (B)  A direct appeal from the division maintaining the record; and

          (C)  Time limits for action by agencies;

    (13)  Shall adopt rules that set forth the fees and other charges that may be imposed for searching, reviewing, or segregating disclosable records, as well as to provide for a waiver of fees when the public interest would be served;

    (14)  Shall adopt rules which set forth uniform standards for the records collection practices of agencies;

    (15)  Shall adopt rules that set forth uniform standards for disclosure of records for research purposes;

    (16)  Shall have standing to appear in cases where the provisions of this chapter or part I of chapter 92 are called into question;

    (17)  Shall adopt, amend, or repeal rules pursuant to chapter 91 necessary for the purposes of this chapter; and

    (18)  Shall take action to oversee compliance with part I of chapter 92 by all state and county boards including:

          (A)  Receiving and resolving complaints[;], either by determining whether a violation occurred or providing written guidance;

          (B)  Advising all government boards and the public about compliance with chapter 92; and

          (C)  Reporting each year to the legislature on all complaints received pursuant to section 92-1.5."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2112.

 

 

 

Report Title:

Uniform Information Practices Act; Sunshine Law; Office of Information Practices

 

Description:

Requires the office of information practices to resolve open meeting and open record complaints through either a legal determination on whether a violation occurred or written guidance on the relevant legal requirements.  Effective 7/1/2112.  (HD1)

 

 

 

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