Creates a state information practices commission.
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII
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. Findings and purpose. The legislature finds that in a democracy, access to government information is one of the cornerstones to public participation. The office of information practices plays a vital role in ensuing access to public documents while balancing the need to protect privacy rights. Currently, the office of information practices is established as a temporary agency administratively placed within the lieutenant governor's office. If the office of information practices becomes a permanent agency, there exists a legal question on whether an agency placed within the lieutenant governor's office may be a permanent agency.
The importance of the role of the office of information practices to public participation in our democratic form of government requires that it be a permanent agency with a permanent home. The legislature finds that establishing a state information practices commission to review the appropriate permanent home for the office of information practices is necessary to address this issue. In addition, a state information practices commission can function like a board of directors in the development of appropriate information practices and policies for the twenty-first century.
The purpose of this Act is to establish a state information practices commission.
SECTION 2. Chapter 92F, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§92F-A State information practices commission established; composition. (a) There is established a state information practices commission. The commission shall consist of five members appointed by the governor from a panel of ten persons nominated by the judicial council. The judicial council may solicit applications for the list of nominees through community organizations and advertisements in any newspaper of general circulation. Any vacancies in the commission shall be filled by the governor with a member from the list of nominees or by reappointment of a commissioner whose term has expired, subject to the limit on length of service imposed by section 26-34.
(b) Each member of the commission shall be a citizen of the United States and a resident of the State. Members of the commission shall hold no other public office. The term of each member of the commission shall be for four years, except that the terms of the initial commissioners shall be two years for two commissioners, and three years for the three other commissioners as determined by the governor. No person shall be appointed consecutively to more than two terms as a member of the commission.
(c) Members of the commission shall be appointed to reflect the interests of the public, the media, the business community, and government.
(d) The chairperson of the commission shall be elected by the majority of the members of the commission.
(e) The commissioners shall serve without compensation but they shall be reimbursed for reasonable expenses, including travel expenses, incurred in the discharge of their duties. For special purposes, the commission shall temporarily be administratively attached to the office of the lieutenant governor.
§92F-B State information practices commission; duties and responsibilities. The duties of the commission under this subpart are to:
(1) Appoint the director of the office of information practices;
(2) Study the issue of a permanent home for the office of information practices and make recommendations to the legislature on this issue;
(3) Make recommendations to the legislature for proposed changes to the Uniform Information Practices Act, chapter 92F, the public reports required under section 92F-18, chapter 92, and other issues relating to government information, disclosure of information, or information privacy;
(4) Study information issues raised by technology and to make recommendations on appropriate information practices and policies in the new economy;
(5) Solicit public comment on information practices;
(6) Adopt rules which, upon compliance with chapter 91, shall have the force and effect of law; and
(7) Approve written opinions of the office of information practices."
SECTION 3. Section 92F-41, Hawaii Revised Statutes, is amended to read as follows:
"§92F-41 Office of information practices; established. (a) There is established [
a temporary] an office of information practices for a special purpose within the office of the lieutenant governor for administrative purposes.
(b) The governor shall appoint a director of the office of information practices to be its chief executive officer and who shall be exempt from chapters 76 and 77. (c)] (b) All powers and duties of the office of information practices are vested in the [ director] information practices commission and may be delegated to the director, along with the day-to-day operations of the office, and to any other officer or employee of the office.
[(d)] (c) The director may employ any other personnel that are necessary, including but not limited to attorneys and clerical staff without regard to chapters 76 and 77."
SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.