Bill Text: HI HB1518 | 2017 | Regular Session | Amended
Bill Title: Relating To Public Records.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2017-04-18 - Received notice of Senate conferees (Sen. Com. No. 680). [HB1518 Detail]
Download: Hawaii-2017-HB1518-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1518 |
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TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO PUBLIC RECORDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature believes that most requests for public records pursuant to the Uniform Information Practices Act, chapter 92F, Hawaii Revised Statutes, are made in good faith, even if a request is repeated in an attempt to obtain a more expeditious response from an agency. However, very occasionally, extreme situations arise when a small number of requesters make records requests with the intent to harass an agency, or make the same request over and over again, even if a legitimate response has already been provided.
Accordingly, the purpose of this Act is to establish a process by which a state agency may bring an action in the circuit court requesting that the court declare that a person is abusing the right to scrutinize public records if the agency demonstrates that the person has established a clear pattern of conduct that amounts to an abuse of a process established by the Uniform Information Practices Act, chapter 92F, Hawaii Revised Statutes.
SECTION 2. Section 92F-15, Hawaii Revised Statutes, is amended to read as follows:
"§92F-15 Judicial enforcement. (a) A person aggrieved by a denial of access to a government record may bring an action against the agency at any time within two years after the agency denial to compel disclosure.
(b) In an action to compel disclosure, the circuit court shall hear the matter de novo; provided that if the action to compel disclosure is brought because an agency has not made a record available as required by section 92F-15.5(b) after the office of information practices has made a decision to disclose the record and the agency has not appealed that decision within the time period provided by 92F-43, the decision of the office of information practices shall not be subject to challenge by the agency in the action to compel disclosure. Opinions and rulings of the office of information practices shall be admissible and shall be considered as precedent unless found to be palpably erroneous, except that in an action to compel disclosure brought by an aggrieved person after the office of information practices upheld the agency's denial of access to the person as provided in section 92F-15.5(b), the opinion or ruling upholding the agency's denial of access shall be reviewed de novo. The circuit court may examine the government record at issue, in camera, to assist in determining whether it, or any part of it, may be withheld.
(c) The agency has the burden of proof to establish justification for nondisclosure.
(d) If the complainant prevails in an action brought under this section, the court shall assess against the agency reasonable attorney's fees and all other expenses reasonably incurred in the litigation.
(e) The circuit court in the judicial circuit in which the request for the record is made, where the requested record is maintained, or where the agency's headquarters are located shall have jurisdiction over an action brought under this section.
(f) Except as to cases the circuit court considers of greater importance, proceedings before the court, as authorized by this section, and appeals therefrom, take precedence on the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way.
(g) An agency may seek a declaratory judgement in the circuit court of the circuit in which the records requester resides for a determination that a requester is a vexatious records requester; provided that:
(1) The agency shall have the burden of proof to establish by a preponderance of the evidence that the requester has a clear pattern of making records requests that are manifestly excessive or in bad faith and interfere with an agency's responsibilities; and
(2) Upon finding that a person is a vexatious records requester, the court may grant further relief whenever necessary or proper, after reasonable notice and hearing, against the requester whose rights have been adjudicated by the judgment."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050; provided this Act shall be repealed on June 30, 2020, and section 92F-15, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act.
Report Title:
Public Records; Uniform Information Practices Act; Circuit Courts; Vexatious Records Requesters
Description:
Provides that an agency may seek a declaratory judgment in circuit court that a requester is a vexatious records requester if the agency demonstrates that the person has established a clear pattern of conduct that amounts to an abuse of a process established by the Uniform Information Practices Act. Effective 7/1/2050. Repeals on 6/30/2020. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
