CONFERENCE COMMITTEE REP. NO. 56-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 3185

S.D. 1

H.D. 1

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 3185, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO INFORMATION PRACTICES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to authorize the Office of Information Practices (OIP) to declare a person a vexatious requester if that person abuses opportunities for access to government records afforded by the uniform information practices act.

Your Committee has amended this measure by:

(1) Referring to "excessive interference" with "legitimate responsibilities" of an agency required to respond to record requests, rather than referring to "abuse of process," to avoid confusion with abuse of legal process in the court setting;

(2) Clarifying that concerted action with "one or more" persons can lead to a vexatious requester determination;

(3) Providing that declaring a person as a vexatious requester and imposing restrictions on a vexatious requester's rights shall be reviewable by the court of the circuit in which the requester resides, pursuant to the Hawaii Rules of Civil Procedure;

(4) Deleting the provision that would permit the ombudsman to affirm, modify, or overturn restrictions that OIP placed on a person designated a vexatious requester;

(5) Requiring OIP to inform any person declared to be a vexatious requester that the person may request an independent review of OIP's actions by the ombudsman;

(6) Changing the effective date from July 1, 2040 to July 1, 2004; and

(7) Making technical, nonsubstantive changes for clarity, style, and conformity.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 3185, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 3185, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

BLAKE K. OSHIRO, Chair

____________________________

COLLEEN HANABUSA, Chair