Report Title:

Information Practices; Vexatious Requests

Description:

Enacts an abuse of process law for vexatious requesters of public records. (SD1)

THE SENATE

S.B. NO.

3185

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to information practices.

 

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

SECTION 1. Chapter 92F, Hawaii Revised Statutes, is amended by adding a new section to part IV be appropriately designated and to read as follows:

"§92F-   Abuse of process. (a) An agency may request that the office of information practices declare that a person is a vexatious requester.

(b) The office of information practices may declare that a person is a vexatious requester if it determines that the person has established a pattern of conduct that amounts to an abuse of a process set forth under this chapter. When the person has been working in concert with another person to make requests, including making identical requests, both persons' requests may be considered as part of the person's pattern of conduct. The office of information practices shall consider whether a person's pattern of conduct includes the following factors, provided that no one factor alone shall be sufficient to find an abuse of a process set forth under this chapter:

(1) The large quantity or broad scope of requests by the person;

(2) Splitting requests to avoid or minimize fees;

(3) Duplicative or repetitive requests made for the same action, where the agency has already responded to the request;

(4) Requests for records submitted for a purpose other than obtaining access to the records, including nuisance value or harassment;

(5) Institution of proceedings under this chapter, including appealing requests or submitting complaints or investigation requests, without a reasonable ground, or to accomplish an objective unrelated to the purpose of the proceedings;

(6) Abandonment of requests when the fee is not waived, and the request is for a purpose other than obtaining access to the records; or

(7) Requests that only marginally promote the public

interest in disclosure under this chapter, including

requests focused on an agency's handling of the requester's own requests or correspondence.

(c) The burden to establish that a person is a vexatious requester shall be on the agency seeking to have the person declared a vexatious requester. The office of information

practices shall not declare that a person is a vexatious

requester without first providing the person with notice and an

opportunity to respond to the agency's claims; provided that this section shall not require a contested case hearing.

(d) The office of information practices may restrict a

vexatious requester's exercise of the rights set forth in this chapter; provided that any restriction shall be narrowly tailored to the vexatious requester's abusive pattern of conduct."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.