THE SENATE

S.B. NO.

2937

TWENTY-FIFTH LEGISLATURE, 2010

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO INFORMATION PRACTICES.

 

 

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

 


SECTION 1. 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 in response to duplicate requests; provided that the agency to which the request was made:

(A) Previously provided substantially similar government records as those requested under the duplicate request;

(B) Conducted a good faith review and comparison of earlier requests and the pending request, determined that the pending request is a duplicate request, and the requested government records have been provided pursuant to the earlier request;

(C) Provided the office of information practices with copies of all requests from the requestor and a list of government records provided to the requestor pursuant to the earlier request;

(D) Obtained an opinion from the office of information practices that the request is a duplicate request and the agency is not required to disclose the requested government records; and

(E) Provided the requestor with copies of the agency's submittals to the office of information practices, the agency's request for opinion, and the office of information practices' opinion.

As used in this paragraph:

"Duplicate request" means more than one request from a single requester for substantially similar government documents."

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 and shall be repealed on July 1, 2013.



 

 

 

Report Title:

Information Practices; Vexatious Requests

 

Description:

Exempts disclosure of government records in response to duplicate requests from a single requestor, provided that the agency to which the request was made satisfies specified requirements. Sunset date on July 1, 2013. (SB2937 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.