Report Title:

Office of Information Practices; Permanent Establishment

 

Description:

Permanently establishes the office of information practices, and places the office within the legislature.

HOUSE OF REPRESENTATIVES

H.B. NO.

2287

TWENTY-FIRST LEGISLATURE, 2002

 

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. The legislature believes access to government records should be seen more as a right than as a privilege. Government agencies exist to aid the public in the formation and conduct of public policy. The office of information practices was established in 1988 to promote the public’s right to access public records by providing government agencies with guidelines and opinions as to the disclosure of public records, informing the public of the public’s right to access records, and ruling on agency denial of access to information.

The office was originally established within the department of the attorney general and in 1998 was made temporary and placed within the office of the lieutenant governor for administrative purposes. The office of information practices is a key component in the State’s overall plan to make government records more accessible and less costly to retrieve. The legislature finds that it is in the State’s best interest in ensuring fairness in public access to public records to make the office of information practices a permanent office and to place it within the legislative branch of government, making it a legislative service agency like the ombudsman, the auditor, and the legislative reference bureau.

SECTION 2. Section 26-1, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) In addition to the functions and duties provided by law, the lieutenant governor shall assume administrative responsibility for the Hawaii state commission on the status of women [and 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.] legislature.

(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.] legislature, by a majority vote of each house in joint session, shall appoint a director for the office who shall serve for a period of six years and thereafter until a successor shall be appointed. The legislature, by two—thirds vote of the members in joint session, may remove or suspend the director from office, but only for neglect of duty, misconduct, or disability.

If the director dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the first assistant to the director shall become the acting director until a new director is appointed.

Beginning on the effective date of this section, the salary of the director shall be $ a year. The salary of the director shall not be diminished during the director’s term of office, unless by general law applying to all salaried officers of the State.

(c) All powers and duties of the office of information practices are vested in the director and may be delegated to any other officer or employee of the office.

(d) The director may employ any other personnel that are necessary, including but not limited to a first assistant, attorneys, and clerical staff, without regard to [chapters] chapter 76 [and 77]."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2002-2003, for the office of information practices.

The sum appropriated shall be expended by the legislature for the purposes of this Act.

SECTION 5. All rights, powers, functions, and duties of the office of the lieutenant governor, relating to the office of information practices, are transferred to the legislature; provided that no employee shall suffer any loss of salary, prior service credit, vacation, sick leave, or other employee benefit or privilege, as a consequence of the transfer.

All emp1oyees of the office of information practices not subject to chapter 76, Hawaii Revised Statutes, are transferred to comparable positions within the legislature. All employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

Any employee of the office of information practices subject to chapter 76, Hawaii Revised Statutes, may elect to transfer to the legislature. If an employee elects to transfer to the legislature, the employee shall not suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act. If an employee of the office of information practices subject to chapter 76, Hawaii Revised Statutes, elects not to transfer to the legislature, the employee, with the same pay and classification, shall be transferred to positions within the executive branch for which the employee is eligible under the applicable personnel laws of the State without any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act.

SECTION 6. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, computer software and data, authorizations, and other personal property previously made, used, acquired, or held by the office of information practices relating to the functions transferred to the legislature shall be transferred with the function to which they relate.

SECTION 7. Rules adopted by the office of information practices prior to the effective date of this Act shall remain in force and effect until amended or repealed by the office of information practices following its transfer to the legislature.

SECTION 8. The current director of the office of information practices shall serve as the acting director until a new director is appointed pursuant to this Act.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 2002.

INTRODUCED BY:

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