Report Title:

Office of Information Practices; Commission

Description:

Creates a state information practices commission. Appropriates moneys for the initial costs of establishing the information practices commission. Makes the office of information practices (OIP) a permanent special purpose agency under the office of the lieutenant governor and provides for the appointment of the OIP director by the information practices commission instead of the governor. Defines a vexatious requester.

THE SENATE

S.B. NO.

1212

TWENTY-SECOND LEGISLATURE, 2003

 

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 finds that in a democracy, access to government information is one of the cornerstones of public participation. The office of information practices plays a vital role in ensuring 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, a legal question exists about 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 and to allow the director of the office of public information to declare someone who abuses the rights accorded through the Uniform Information Practices Act, a vexatious requester.

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 and subsection (b).

(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, media, 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 shall be reimbursed for reasonable expenses, including travel expenses, incurred in the discharge of their duties. The commission shall be administratively attached to the office of the lieutenant governor.

§92F-B State information practices commission; duties and responsibilities. The duties of the commission 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 make recommendations on appropriate information practices and policies in the new economy;

(5) Solicit public comment on information practices; and

(6) Adopt rules under chapter 91."

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 chapter 76.

(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 his 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 chapter 76."

SECTION 4. Section 92F-42, Hawaii Revised Statutes, is amended to read as follows:

"§92F-42 Powers and duties of the office of information practices. The director of the office of information practices:

(1) Shall, upon request, review and rule on an agency denial of access to information or records, or an agency's granting of access; provided that any review by the office of information practices shall not be a contested case under chapter 91 and shall be optional and without prejudice to rights of judicial enforcement available under this chapter;

(2) Upon request by an agency, shall provide and make public advisory guidelines, opinions, or other information concerning that agency's functions and responsibilities;

(3) Upon request by any person, may provide advisory opinions or other information regarding that person's rights and the functions and responsibilities of agencies under this chapter;

(4) May conduct inquiries regarding compliance by an agency and investigate possible violations by any agency;

(5) May examine the records of any agency for the purpose of paragraph (4) and seek to enforce that power in the courts of this State;

(6) May recommend disciplinary action to appropriate officers of an agency;

(7) Shall report annually to the governor and the state legislature on the activities and findings of the office of information practices, including recommendations for legislative changes;

(8) Shall receive complaints from and actively solicit the comments of the public regarding the implementation of this chapter;

(9) Shall review the official acts, records, policies, and procedures of each agency;

(10) Shall assist agencies in complying with the provisions of this chapter;

(11) Shall inform the public of the following rights of an individual and the procedures for exercising them:

(A) The right of access to records pertaining to the individual;

(B) The right to obtain a copy of records pertaining to the individual;

(C) The right to know the purposes for which records pertaining to the individual are kept;

(D) The right to be informed of the uses and disclosures of records pertaining to the individual;

(E) The right to correct or amend records pertaining to the individual; and

(F) The individual's right to place a statement in a record pertaining to that individual;

(12) May declare a person a vexatious requester based on the director's determination that the person has abused the rights provided by this chapter; provided that no such declaration shall be made without notice to the person and an opportunity to be heard. The director may take necessary measures to prevent a vexatious requester from abuse of the rights provided by this chapter, including but not limited to ordering restrictions on the person's exercise of rights provided by this chapter;

[(12)] (13) Shall adopt rules that set forth an administrative appeals structure which provides for:

(A) Agency procedures for processing records requests;

(B) A direct appeal from the division maintaining the record; and

(C) Time limits for action by agencies;

[(13)] (14) Shall adopt rules that set forth the fees and other charges that may be imposed for searching, reviewing, or segregating disclosable records, as well as to provide for a waiver of fees when the public interest would be served;

[(14)] (15) Shall adopt rules which set forth uniform standards for the records collection practices of agencies;

[(15)] (16) Shall adopt rules that set forth uniform standards for disclosure of records for research purposes;

[(16)] (17) Shall have standing to appear in cases where the provisions of this chapter are called into question;

[(17)] (18) Shall adopt, amend, or repeal rules pursuant to chapter 91 necessary for the purposes of this chapter; and

[(18)] (19) Shall take action to oversee compliance with part I of chapter 92 by all state and county boards including:

(A) Receiving and resolving complaints;

(B) Advising all government boards and the public about compliance with chapter 92; and

(C) Reporting each year to the legislature on all complaints received pursuant to section 92-1.5."

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000, or so much thereof as may be necessary for fiscal year 2003-2004, and the same sum, or so much thereof as may be necessary for fiscal year 2004-2005, for the initial costs of establishing the information practices commission and facilitating its coordinated work with the office of information practices.

SECTION 6. The sums appropriated shall be expended by the office of the lieutenant governor for the purposes of this Act.

SECTION 7. 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 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval; provided that section 5 shall take effect on July 1, 2003.

INTRODUCED BY:

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