HOUSE OF REPRESENTATIVES	H.B. NO.	1798
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to government records.

 

 

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

 

     SECTION 1.  Section 92F-11, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Except as provided in section 92F-13, each agency upon request by any person shall [make]:

     (1)  Make government records available for inspection and copying during regular business hours[.]; and

     (2)  Provide for the certification of the authenticity of copies of government records available under paragraph (1)."

     SECTION 2.  Section 92F-42, Hawaii Revised Statutes, is amended to read as follows:

     "§92F-42  Powers and duties of the office of information practices.  The director of the office of information practices:

     (1)  Shall, upon request, review and rule 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;

     (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) 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 administrative appeals structure which provides for:

         (A)  Agency procedures for processing records requests;

         (B)  A direct appeal from the division maintaining the record; and

         (C)  Time limits for action by agencies;

    (13)  Shall adopt rules that set forth the fees and other charges that may be imposed for searching, reviewing, certifying, or segregating disclosable records, as well as to provide for a waiver of fees when the public interest would be served;

    (14)  Shall adopt rules which set forth uniform standards for the records collection practices of agencies;

    (15)  Shall adopt rules that set forth uniform standards for disclosure of records for research purposes;

    (16)  Shall have standing to appear in cases where the provisions of this chapter or part I of chapter 92 are called into question;

    (17)  Shall adopt, amend, or repeal rules pursuant to chapter 91 necessary for the purposes of this chapter; and

    (18)  Shall take action to oversee compliance with part I of chapter 92 by all state and county boards including:

         (A)  Receiving and resolving complaints;

         (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."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Certified Copies; Freedom of Information; Office of Information Practices

 

Description:

Requires state agencies, upon request, to provide certified copies of documents available under the Uniform Information Practices Act.  Requires the office of information practices to adopt rules that set forth fees and other charges for certifying disclosable records.

 

 

 

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