Report Title:

Uniform Information Practices Act; Responsible Agency Officials

Description:

Requires government agencies to designate a UIPA compliance officer to receive UIPA training. (SD1)

THE SENATE

S.B. NO.

1605

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to government compliance with the uniform information practices act.

 

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

SECTION 1. Findings and purpose. The legislature finds that the history of public complaints filed with the office of information practices reveals that many government agency employees do not understand the basic requirements of the law and rules of the Uniform Information Practices Act.

The legislature further finds that agencies should take more responsibility for training their staffs on the uniform information practices law and should designate a compliance officer for this purpose. The agency also should obtain certification that the agency has completed training as required by the director of the office of information practices certification.

The purpose of this Act is to require government agencies to designate an official to be responsible for compliance with the uniform information practices act, train agency employees, and obtain certification from the office of information practices that the agency is in compliance with the law.

SECTION 2. Section 92F-18, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) Each agency shall:

(1) Designate a person to be trained by the office of information practices and be responsible for the agency's compliance with the requirements of this chapter;

[(1)] (2) Issue instructions and guidelines necessary to [effectuate] comply with this chapter; [and

(2) Take steps to assure that all its] (3) Train employees and officers responsible for the collection, maintenance, use, and dissemination of government records [are informed of] concerning the requirements of this chapter.

(b) Each agency shall compile a public report describing the records it routinely uses or maintains using forms prescribed by the office of information practices. The public reports shall be filed with the office of information practices annually on or before December 31[, 1994]. The public reports shall include:

(1) The name and location of each set of records;

(2) The authority under which the records are maintained;

(3) The categories of individuals for whom records are maintained;

(4) The categories of information or data maintained in the records;

(5) The categories of sources of information in the records;

(6) The categories of uses and disclosures made of the records;

(7) The agencies and categories of persons outside of the agency which routinely use the records;

(8) The records routinely used by the agency which are maintained by:

(A) Another agency; or

(B) A person other than an agency;

(9) The policies and practices of the agency regarding storage, retrievability, access controls, retentions, and disposal of the information maintained in records;

(10) The title, business address, and business telephone number of the agency officer or officers responsible for the records;

(11) The agency procedures whereby an individual may request access to records; and

(12) The number of written requests for access within the preceding year, the number denied, the number of lawsuits initiated against the agency under this part, and the number of suits in which access was granted."

SECTION 3. Chapter 92F, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"92F-A Training. (a) Upon request by an agency, the director shall train agency personnel as to the purposes, policies, requirements, and effective administration of this part and, if applicable, of part I of chapter 92."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2003.