S.C.R. NO.











WHEREAS, it is the policy of this State that the formation and conduct of public policy through the discussions, deliberations, decisions, and actions of governmental agencies, be conducted as openly as possible; and

WHEREAS, in furtherance of this policy, the Office of Information Practices (OIP) was established in 1988 to promote the public interest in disclosure by providing government agencies with guidelines and issuing advisory opinions regarding the disclosure of public records, informing the public of the right of access to public records, and ruling on an agency's denial of access to public records; and

WHEREAS, the OIP was originally established within the Department of the Attorney General, but in 1998 was established as a temporary office within the Office of the Lieutenant Governor; and

WHEREAS, the Legislature finds that it is in the public's best interest that the OIP be made a permanent office in order to protect the public's rights of access to and disclosure of public records; and

WHEREAS, several measures have been introduced during the 2002 Regular Session regarding the OIP, including measures that make the agency a permanent one, place the agency within the Legislature, and establish an Information Practices Commission; and

WHEREAS, in order to assist the Legislature in considering the merits of the above proposals and other legislative issues related to information practices, it would be advisable to convene individuals with an interest or expertise in information practices issues to study and make recommendations to the Legislature on these issues; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-First Legislature of the State of Hawaii, Regular Session of 2002, the House of Representatives concurring, that the Director of the OIP is requested to convene a task force to study, solicit public input on, and make recommendations on the following matters:

(1) The permanent establishment of the OIP, including the appropriate placement for the agency and funding sources and mechanisms;

(2) Effective enforcement of chapters 92 and 92F, Hawaii Revised Statutes (HRS), including the barriers to accessing public records and governmental processes;

(3) Training of government employees on the requirements of chapters 92 and 92F, HRS;

(4) Technology-related information practices issues and appropriate information practices and policies in the New Economy; and

(5) Amendments to chapters 92 and 92F, HRS, including the public reports requirement under section 92F-18, HRS, and the laws relating to information disclosure and informational privacy; and

BE IT FURTHER RESOLVED that the OIP Task Force shall be composed of nine members, as follows:

(1) The Director of the OIP who shall serve as Chairperson and be a voting member;

(2) Two members appointed by the President of the Senate;

(3) Two members appointed by the Speaker of the House of Representatives;

(4) Two members appointed by the Minority Leader of the Senate; and

(5) Two members appointed by the Minority Leader of the House of Representatives; and

BE IT FURTHER RESOLVED that the eight appointed members of the task force shall equally represent the interests of the general public, the media, public interest groups, and government, and shall have an interest or, preferably, experience in information practices issues; and

BE IT FURTHER RESOLVED that the OIP Task force shall submit its finding and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2003; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to provide assistance to the task force, including assistance with communications, meeting logistics, and report drafting; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Office of the Lieutenant Governor, the Office of Information Practices, the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, the Minority Leader of the House of Representatives, and the Legislative Reference Bureau.






Report Title:

Office of Information Practices; Task Force