Report Title:

Government Records; University of Hawaii

 

Description:

Provides a qualified exemption to the University of Hawaii and the University of Hawaii Foundation from disclosure of donor information.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

670

TWENTY-FOURTH LEGISLATURE, 2007

 

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.  The legislature finds that private donations to the University of Hawaii are critical to the success of the university's educational mission.  Many donors wish to remain anonymous.  If their identities are subject to disclosure under the open government records law, they may become discouraged from making donations.

     The legislature finds that the intent of the Uniform Information Practices Act was not to require disclosure of private donor information, but rather to open government operations to public scrutiny.  Section 92F-2, Hawaii Revised Statutes, provides in pertinent part:

          "Opening up the government processes to public scrutiny and participation is the only viable and reasonable method of protecting the public's interest.  Therefore the legislature declares that it is the policy of this State that the formation and conduct of public policy--the discussions, deliberations, decisions, and action of government agencies--shall be conducted as openly as possible.

          The policy of conducting government business as openly as possible must be tempered by a recognition of the right of the people to privacy."

     The legislature finds that the University of Hawaii Foundation has a significant privacy interest in protecting donor records from disclosure, as provided in section 92F-14, Hawaii Revised Statutes.

     The purpose of this Act is provide a qualified exemption from disclosure of donor records of the University of Hawaii and the University of Hawaii Foundation.

     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,] that, 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] the 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,] that, 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] that are closed by rules adopted pursuant to section 21-4 and the personal files of members of the legislature[.]; and

     (6)  Government records that contain information about or pertain to any individual donor or potential individual donor to the University of Hawaii or the University of Hawaii Foundation or donor solicitation strategy, other than the name of the donor; provided that the donor did not request anonymity, and the date, amount, and purpose of the donation."

     SECTION 3.  Nothing in this Act shall be construed to imply that the University of Hawaii Foundation is a governmental or quasi-governmental agency or body for purposes of chapters 92 or 92F, Hawaii Revised Statutes, or any other laws of the State of Hawaii.

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

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________