Report Title:

GOVERNMENT RECORDS

Description:

Exempts most government records or information relating to measures designed to protect the security or safety or persons or property, whether public or private, from attacks or acts of terrorism from disclosure under the Hawaii Uniform Information Practices Act.

HOUSE OF REPRESENTATIVES

H.B. NO.

2440

TWENTY-SECOND LEGISLATURE, 2004

 

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. After the tragic attacks upon the United States on September 11, 2001, the nation has been taking actions to prepare for and protect against additional terrorist attacks upon the United States. In addition to ongoing preparations and activities relating to natural and man-made disasters and emergencies, the states, counties, federal agencies, military, and private agencies and entities have been coordinating preparations for protection against and response to potential or actual terrorist threats or attacks. Part of these preparations includes the identification of vital facilities or critical infrastructure, vulnerability assessments, and preparation of appropriate emergency response plans.

The purpose of this Act is to clarify that information maintained by a state or county agency relating to measures designed to protect the security or safety of persons or property, whether public or private, from acts of terrorism are exempt from disclosure under the Hawaii Uniform Information Practices Act.

SECTION 2. Section 92F-13, Hawaii Revised Statutes, is amended to read as follows:

"§92F-13 Government records; exceptions to general rule. This part shall not require disclosure of:

(1) Government records which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy;

(2) Government records pertaining to the prosecution or defense of any judicial or quasi-judicial action to which the State or any county is or may be a party, to the extent that such records would not be discoverable;

(3) Government records that, by their nature, must be confidential in order for the government to avoid the frustration of a legitimate government function;

(4) Government records which, pursuant to state or federal law including an order of any state or federal court, are protected from disclosure; [and]

(5) Inchoate and draft working papers of legislative committees including budget worksheets and unfiled committee reports; work product; records or transcripts of an investigating committee of the legislature which are closed by rules adopted pursuant to section 21-4 and the personal files of members of the legislature[.]; and

(6) Government records pertaining to measures to protect persons or property, whether public or private, against potential or actual terrorist threat or attack, including, but not limited to, the protection of public buildings, public works, public water supply systems, utilities, and including but not limited to documents relating to their design, emergency response plans to protect them, risk planning documents, threat assessments, domestic preparedness strategies, and other capabilities and plans for responding to any act of terrorism, or attack or disaster pursuant to chapter 128, unless disclosure would not impair a public body's ability to protect the security or safety of persons or property."

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:

_____________________________

BY REQUEST