Bill Text: HI SB2567 | 2012 | Regular Session | Introduced


Bill Title: Public Information Practices; Government Contractors; UIPA

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-07 - (S) The committee on PGM deferred the measure. [SB2567 Detail]

Download: Hawaii-2012-SB2567-Introduced.html

THE SENATE

S.B. NO.

2567

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to public contracts.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 103, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§103‑    Public works contracts; required public disclosures; duty of contractor.  Any public works contract under this chapter shall contain a provision to require the contractor to make the required disclosures as specified under section 92F-12."

     SECTION 2.  Chapter 103D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§103D‑    Contracts; required public disclosures; duty of contractor.  Any contract under this chapter shall contain a provision to require the contractor to make the required disclosures as specified under section 92F-12."

     SECTION 3.  Section 92F-12, Hawaii Revised Statutes, is amended to read as follows:

     "§92F-12  Disclosure required.  (a)  Any other provision in this chapter to the contrary notwithstanding, each agency shall make available for public inspection and duplication during regular business hours:

     (1)  Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability adopted by the agency;

     (2)  Final opinions, including concurring and dissenting opinions, as well as orders made in the adjudication of cases, except to the extent protected by section 92F-13(1);

     (3)  Government purchasing information, including all bid results, except to the extent prohibited by section 92F-13;

     (4)  Pardons and commutations, as well as directory information concerning an individual's presence at any correctional facility;

     (5)  Land ownership, transfer, and lien records, including real property tax information and leases of state land;

     (6)  Results of environmental tests;

     (7)  Minutes of all agency meetings required by law to be public;

     (8)  Name, address, and occupation of any person borrowing funds from a state or county loan program, and the amount, purpose, and current status of the loan;

     (9)  Certified payroll records on public works contracts except social security numbers and home addresses;

    (10)  Regarding contract hires and consultants employed by agencies:

         (A)  The contract itself, the amount of compensation;

         (B)  The duration of the contract; and

         (C)  The objectives of the contract,

          except social security numbers and home addresses;

    (11)  Building permit information within the control of the agency;

    (12)  Water service consumption data maintained by the boards of water supply;

    (13)  Rosters of persons holding licenses or permits granted by an agency that may include name, business address, type of license held, and status of the license;

    (14)  The name, compensation (but only the salary range for employees covered by or included in chapter 76, and sections 302A-602 to 302A-640, and 302A-701, or bargaining unit (8)), job title, business address, business telephone number, job description, education and training background, previous work experience, dates of first and last employment, position number, type of appointment, service computation date, occupational group or class code, bargaining unit code, employing agency name and code, department, division, branch, office, section, unit, and island of employment, of present or former officers or employees of the agency; provided that this paragraph shall not require the creation of a roster of employees; and provided further that this paragraph shall not apply to information regarding present or former employees involved in an undercover capacity in a law enforcement agency;

    (15)  Information collected and maintained for the purpose of making information available to the general public; and

    (16)  Information contained in or compiled from a transcript, minutes, report, or summary of a proceeding open to the public.

     (b)  Any provision to the contrary notwithstanding, each agency shall also disclose:

     (1)  Any government record, if the requesting person has the prior written consent of all individuals to whom the record refers;

     (2)  Government records which, pursuant to federal law or a statute of this State, are expressly authorized to be disclosed to the person requesting access;

     (3)  Government records pursuant to a showing of compelling circumstances affecting the health or safety of any individual;

     (4)  Government records requested pursuant to an order of a court;

     (5)  Government records pursuant to a subpoena from either house of the state legislature; and

     (6)  Information from the motor vehicle registration files, provided that the person requesting such files shall have a legitimate reason as determined by rules.

     (c)  Upon request, any contractor subject to chapter 103 or 103D shall make available for inspection the following information in the possession of the contractor:

     (1)  Certified payroll records on public works contracts, except social security numbers and home addresses; and

     (2)  A copy of any executed public works contract, including the amount, duration, and objectives of the contract, subject to the execution under section 92F‑13."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Public Information Practices; Government Contractors; UIPA

 

Description:

Requires government contractors to disclose to the public certain specified information concerning the contract upon request pursuant to the uniform information practices act.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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