Report Title:

UIPA; Duties; Appointment Panel

Description:

Establishes an information practices appointment panel responsible for the appointment of the director of the office of information practices; provides that OIP is a permanent agency.

HOUSE OF REPRESENTATIVES

H.B. NO.

1571

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the uniform information practices act (modified).

 

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

SECTION 1. State policy provides that 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 implement and promote the public's right to an open government by: providing government agencies with guidelines and opinions on the disclosure of public records; informing the public of the right to access records; and ruling on agency denials of access to information.

In 1998, the legislature tasked the office of information practices with the responsibility of receiving complaints and resolving disputes that arise under chapter 92, part I, the open meetings law.

As intended, the office of information practices has proved to be a fundamental part of the exercise of the public's right to open government. The office was originally established within the department of the attorney general and, in 1998, was made a temporary agency placed within the office of the lieutenant governor for administrative purposes.

Under state law, the office of information practices is required to rule on denials of access by all state and county government agencies. Because the director of the office of information practices is appointed by the governor, the appointment process creates the appearance of a conflict of interest.

The legislature finds that it is in the public's best interest to ensure that the processes available to the public to exercise their right to open government are both permanent and fair, avoiding any appearance of impropriety.

The purpose of the Act is to establish a temporary information practices appointment panel responsible for appointing the director of the office of information practices and to establish the office of information practices as a permanent agency.

SECTION 2. 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) There is established within the office of the lieutenant governor for administrative purposes the temporary information practices appointment panel consisting of seven members that shall be appointed by the governor.

(1) One member shall be representative of state executive departments;

(2) One member shall be representative of county executive departments;

(3) Two public members shall be appointed from a list of nominees submitted by the speaker of the house of representatives and two public members shall be appointed from a list of nominees submitted by the president of the senate; and

(4) One public member shall be appointed from a list of nominees submitted from the Honolulu Community-Media Council.

[(b) The governor] (c) The panel, from time to time, shall meet to appoint a director of the office of information practices to be its chief executive officer and who shall be exempt from chapter 76.

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

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:

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