STAND. COM. REP. NO.  395

 

Honolulu, Hawaii

                , 2021

 

RE:   H.B. No. 884

      H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 884 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:

 

     (1)  Rule or provide guidance on an agency denial of access to, or granting of access to, information or records; and

 

     (2)  Receive and resolve complaints under Hawaii's Sunshine Law either by determining whether a violation occurred or providing guidance.

 

     Your Committee received testimony in support of this measure from the Office of Information Practices and one individual.  Your Committee received testimony in opposition to this measure from the Civil Beat Law Center for the Public Interest and Society of Professional Journalists Hawaii Chapter.  Your Committee received comments on this measure from the League of Women Voters of Hawaii.

 

     Your Committee finds that in many appeals, informal guidance would be more suitable, less time-consuming, and more efficient than providing a full legal opinion as required under existing law.  This measure will provide the Office of Information Practices with the flexibility to handle its overwhelming caseload and improve its efficiency within the constraints of its limited resources.

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying that the guidance must be written; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 884, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 884, H.D. 1, and be referred to your Committee on Finance.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

 

 

 

 

____________________________

MARK M. NAKASHIMA, Chair