Bill Text: HI HB1530 | 2010 | Regular Session | Introduced
Bill Title: Uniform Information Practices Act; OIP; Copy Fee Waiver
Spectrum: Moderate Partisan Bill (Democrat 14-3)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1530 Detail]
Download: Hawaii-2010-HB1530-Introduced.html
Report Title:
Uniform Information Practices Act; OIP; Copy Fee Waiver
Description:
Allows the office of information practices to enforce chapter 92, public agency meetings and records. Allows OIP to waive fees to access government records if public interest is served by a waiver.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1530 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to Freedom of information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the sunshine law, chapter 92, Hawaii Revised Statutes, is administered by the office of information practices and that this office should also have the responsibility of enforcing this law.
In order to ensure that fees for accessing government records do not prohibit reasonable public access, the legislature supports fee waivers by the office of information practices when the waivers are determined to be in the public's interest.
The purpose of this Act is to:
(1) Clarify that the office of information practices has the authority to enforce the open meetings law; and
(2) Allow the office on information practices to waive any fee to access a record under specified conditions.
SECTION 2. Section 92-1.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§92-1.5[]] Administration
and enforcement of this part. The director of the office of
information practices shall administer and enforce this part. The
director shall establish procedures for filing and responding to complaints
filed by any person concerning the failure of any board to comply with this
part. The director of the office of information practices shall submit an
annual report of these complaints along with final resolution of complaints,
and other statistical data to the legislature, no later than twenty days prior
to the convening of each regular session."
SECTION 3. Section 92-21, Hawaii Revised Statutes, is amended to read as follows:
"§92-21 Copies of records; other costs
and fees. (a) Except as otherwise provided by law, a copy of any
government record, including any map, plan, diagram, photograph, photostat, or
geographic information system digital data file, which is open to the
inspection of the public, shall be furnished to any person applying for the
same by the public officer having charge or control thereof upon the payment of
the reasonable cost of reproducing [such] the copy.
(b) Except as provided in section 91-2.5, the cost of reproducing any government record, except geographic information system digital data, shall not be less than 5 cents per page, sheet, or fraction thereof.
(c) The cost of reproducing geographic
information system digital data shall be in accordance with rules adopted by
the agency having charge or control of that data. [Such] The
reproduction cost shall include but shall not be limited to labor cost for
search and actual time for reproducing, material cost, including electricity
cost, equipment cost, including rental cost, cost for certification, and other
related costs.
(d) All fees shall be paid in by the public officer receiving or collecting the same to the state director of finance, the county director of finance, or to the agency or department by which the officer is employed, as government realizations; provided that fees collected by the public utilities commission pursuant to this section shall be deposited in the public utilities commission special fund established under section 269-33.
(e) Notwithstanding any law to the contrary, any fee to access a record may be waived by the office of information practices if it determines that the public's interest is served by a waiver; provided that any cost borne by the agency for the waiver shall not unduly disrupt operations of the agency."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2009.
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INTRODUCED BY: |
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