Bill Text: HI HB1157 | 2023 | Regular Session | Introduced
Bill Title: Relating To The Office Of Information Practices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-15 - The committee(s) on JHA recommend(s) that the measure be deferred. [HB1157 Detail]
Download: Hawaii-2023-HB1157-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1157 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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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. The legislature finds that the office of information practices has been given more responsibilities over the years and needs additional personnel to meet its increasing workload. The legislature further finds that the office of information practices would be able to more efficiently and effectively resolve disputes concerning the State's Uniform Information Practices Act and sunshine law if it had the discretion to provide written guidance in lieu of opinions when appropriate. While a formal opinion is sometimes necessary to obtain an agency's or a board's compliance, or to hold it to the "palpably erroneous" standard of review upon appeal to a court, there are other times when the office of information practices need not undergo the time-consuming process for an opinion and can instead provide more timely written guidance to explain its reasons why it is inclined to conclude that an agency's or a board's actions did not violate the State's Uniform Information Practices Act or sunshine law.
The purpose of this Act is to:
(1) Allow the office of information practices to issue written guidance to resolve disputes under the State's Uniform Information Practices Act and sunshine law; and
(2) Appropriate funds for two new permanent positions in the office of information practices.
SECTION 2. Section 92F-3, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Opinion" means a
written discussion of legal and factual issues raised by an inquiry, including
the findings and conclusions reached by the director of the office of
information practices regarding those issues, regardless of whether the inquiry
alleges violations of this chapter or part I of chapter 92 or otherwise raises
disputed issues of law or fact, or the inquiry seeks an advisory legal
interpretation of this chapter or part I of chapter 92.
"Ruling" means an opinion providing firm and final legal determination of all disputed issues raised by an inquiry alleging violations of this chapter or part I of chapter 92."
SECTION 3. Section 92F-15.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) When an agency denies a person access to a
government record, the person may appeal the denial to the office of
information practices in accordance with rules adopted pursuant to section [92F-42(12).]
92F-42(a)(12)(A). A decision to
appeal to the office of information practices for review of the agency denial
shall not prejudice the person's right to appeal to the circuit court after a
decision is made by the office of information practices."
SECTION 4. Section 92F-27.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) When an agency denies an individual access to
that individual's personal record, the individual may appeal the denial to the
office of information practices in accordance with rules adopted pursuant to
section [92F-42(12).] 92F‑42(a)(12)(A). A decision to appeal to the office of
information practices for review of the agency denial shall not prejudice the
individual's right to appeal to the circuit court after a decision is made by
the office of information practices."
SECTION 5. Section 92F-42, Hawaii Revised Statutes, is amended to read as follows:
"§92F-42 Powers and duties of the office of information practices. (a) The director of the office of information practices:
(1) Shall, upon
request, review and [rule] issue a ruling 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; provided
further that if the office of information practices issues written guidance to
a complainant concluding that an agency denial of access most likely will be
upheld, including reasons for that decision, and informing the complainant of
the right to bring a judicial action under section 92F-15(a), then no further
action is required by the office of information practices;
(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)] (15)
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]:
(A) An
administrative appeals structure [which] that provides for:
[(A)] (i) Agency procedures for processing records
requests;
[(B)] (ii) A direct appeal from the division maintaining
the record; and
[(C)] (iii) Time limits for action by agencies;
[(13) Shall adopt
rules that set forth the]
(B) 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; and
[(14) Shall adopt
rules which set forth uniform]
(C) Uniform
standards for [the]:
(i) The
records collection practices of agencies; and
[(15) Shall adopt
rules that set forth uniform standards for disclosure]
(ii) Disclosure of records for research purposes;
[(16)] (13) Shall have standing to appear in cases
where the provisions of this chapter or part I of chapter 92 are called into
question;
[(17)] (14) Shall adopt, amend, or repeal rules
pursuant to chapter 91 necessary for the purposes of this chapter; and
[(18)] (15) Shall take action to oversee
compliance with part I of chapter 92 by all state and county boards including:
(A) Receiving and
resolving complaints[;] by issuing a ruling on whether a violation
occurred; provided that if the office of information practices issues written
guidance to a complainant concluding that a board most likely did not violate
part I of chapter 92, including reasons for that decision, and informing the
complainant of the right to bring a judicial action under section 92-12(c),
then no further action is required by the office of information practices;
(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.
(b)
For the purposes of this section, "guidance"
means a written discussion of the major legal and factual issues raised by an
inquiry, including the most likely resolution of a complaint made in the
inquiry, if applicable, but does not rise to the level of an opinion."
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $185,000 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for two full-time equivalent (2.0 FTE) permanent positions to be placed within the office of information practices.
The sums appropriated shall be expended by the office of information practices for the purposes of this section.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on January 1, 2024; provided that section 6 shall take effect on July 1, 2023.
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INTRODUCED BY: |
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Report Title:
OIP; Opinions; Written Guidance; Appropriation
Description:
Allows the office of information practices to issue written guidance to resolve disputes under the State's Uniform Information Practices Act and sunshine law. Appropriates funds for two new permanent positions in the office of information practices.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
