STAND. COM. REP. NO. 456

Honolulu, Hawaii

, 2005

RE: S.B. No. 1551

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1551 entitled:

"A BILL FOR AN ACT RELATING TO FREEDOM OF INFORMATION,"

begs leave to report as follows:

The purpose of this measure is to enhance the administration and enforcement of the State's "Sunshine Law" codified in chapter 92, Hawaii Revised Statutes.

Specifically, this measure:

(1) Authorizes the Office of Information Practices to be responsible for the enforcement of the Sunshine Law;

(2) Eliminates the need to prove that an agency's final action was taken in violation of an agency's rulemaking authority or ruled in a willful manner to void the agency's final action;

(3) Allows the Office of Information Practices to waive the fees assessed to access a government record if the Office of Information Practices determines that the waiver is in the public's interest and the costs will not unduly interfere with or disrupt the operations of the agency for which the waiver is requested; and

(4) Modifies the appointment process for the Director of the Office of Information Practices by requiring the Judicial Council to screen and select two or more candidates for the Director position, one of whom will then be appointed by the Governor for a six-year term.

Testimony in support of this measure was submitted by the Office of Information Practices and the League of Women Voters for Hawaii. Testimony in opposition to the measure was submitted by the Department of Education and the Society of Professional Journalists-Hawaii Chapter.

Your Committee finds that the Office of Information Practices is currently responsible for administering the State's Sunshine Law, but lacks any enforcement authority. This measure would address this shortcoming. Further, this measure makes it easier to void the final action of the agency that may have been taken in violation of the Sunshine Law. The requirement that the violation be willful before a final action can be voided is changed so that proof of a violation is all that is necessary to void the agency's final action.

Your Committee also finds that costs associated with accessing a public document are prohibitive in nature and act as a "barrier" that discourages individuals with a legitimate request for the government document from accessing it based solely on financial concerns. This measure would permit the Office of Information Practices to make appropriate waivers of fees where the waiver is in the public's interest and the waiver will not disrupt the operations of the agency. Your Committee is aware of the concerns expressed by the Office of Information Practices in its testimony with respect to being responsible for the waiver of all fees. Notwithstanding the Office of Information Practices' reluctance, it is critical that the Office of Information Practices acts as the final arbiter regarding the waiver of fees to ensure a consistent and fair determination as to whether the waiver of fees is in the public interest.

Your Committee also finds that the change in the manner of appointment as well as the term of appointment for the Director of the Office of Information Practices is appropriate, given the scope and duties of that position.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1551 and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair