THIRTY-SECOND LEGISLATURE, 2023
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. 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 either rule or provide guidance 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; provided further that all rulings and guidance issued pursuant to this section, or summaries thereof, shall be made publicly available online within a reasonable amount of time from the issuance of the ruling or guidance;
(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 paragraphs (4) and (18) 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;
adopt rules that set forth an administrative appeals structure [
(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) 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;
adopt rules [
which] that set forth uniform standards for the
records collection practices of agencies;
(15) Shall adopt rules that set forth uniform standards for disclosure of records for research purposes;
(16) Shall have standing to appear in cases where the provisions of this chapter or part I of chapter 92 are called into question;
(17) Shall adopt, amend, or repeal rules pursuant to chapter 91 necessary for the purposes of this chapter; and
(18) Shall take action to oversee compliance with part I of chapter 92 by all state and county boards including:
and resolving complaints[
;], either by determining whether a
violation occurred or providing guidance;
(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.
As used in this section, "guidance", means an informal written discussion of the major legal and factual issues raised by an inquiry, including the most likely resolution of a complaint made in the inquiry, if applicable. "Guidance" does not include a ruling in the form of a formal opinion providing firm and final legal determination of all issues raised by an inquiry. "Guidance" may, in the discretion of the director of the office of information practices, be issued in lieu of a ruling."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Uniform Information Practices Act; Sunshine Law; Office of Information Practices
Allows the Office of Information Practices to resolve open meeting and open record complaints through either a legal determination on whether a violation occurred or written guidance on the relevant legal requirements.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.