HOUSE OF REPRESENTATIVES

H.B. NO.

2215

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the uniform information practices act.

 

 

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

 


SECTION 1.  The legislature finds that Hawaii's citizens have been demanding more government transparency in recent years.  At the state and national levels, governments have increasingly enacted "sunshine laws" to promote greater openness and transparency in government processes, and to restore public confidence in the integrity of government.  The legislature also finds that increased transparency in the process used to appoint persons to positions in the judiciary and in executive and administrative offices and departments is consistent with these general principles.

The legislature recognizes that the Uniform Information Practices Act (Modified), chapter 92F of the Hawaii Revised Statues, was enacted to open up government processes to public scrutiny and participation, and to promote the public interest in disclosure, while balancing individual privacy interests with the public's right to know.  The legislature finds that while in the past, disclosure of a person's nomination for appointment to a governmental position was considered information in which the person had a significant privacy interest, current policies and priorities call for public disclosure of the names of such nominees prior to the appointment of any particular nominee, especially for nominees to the judiciary or to executive and administrative offices and departments.  The legislature further finds that the public interest in such disclosure outweighs the the privacy interest of any nominee and therefore does not constitute a clearly unwarranted invasion of personal privacy, and that such disclosure will not frustrate a legitimate government function.

The purpose of this Act is to amend sections 92F-12 and 92F-14 of the Hawaii Revised Statutes to reflect changes consistent with these new policies and priorities.

     SECTION 2.  Section 92F-12, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "§92F-12  Disclosure required.  (a)  Any other provision in this chapter to the contrary notwithstanding, each agency shall make available for public inspection and duplication during regular business hours:

     (1)  Rules of procedure, substantive rules of general  applicability, statements of general policy, and interpretations of general applicability adopted by the agency;

     (2)  Final opinions, including concurring and dissenting    opinions, as well as orders made in the adjudication of cases, except to the extent protected by section 92F-13(1);

     (3)  Government purchasing information, including all bid results, except to the extent prohibited by section 92F-13;

     (4)  Pardons and commutations, as well as directory information concerning an individual's presence at any correctional facility;

     (5)  Land ownership, transfer, and lien records, including real property tax information and leases of state land;

     (6)  Results of environmental tests;

     (7)  Minutes of all agency meetings required by law to be public;

     (8)  Name, address, and occupation of any person borrowing funds from a state or county loan program, and the amount, purpose, and current status of the loan;

     (9)  Certified payroll records on public works contracts except social security numbers and home addresses;

    (10)  Regarding contract hires and consultants employed by agencies:

         (A)  The contract itself, the amount of compensation;

         (B)  The duration of the contract; and

         (C)  The objectives of the contract,

          except social security numbers and home addresses;

    (11)  Building permit information within the control of the   agency;

    (12)  Water service consumption data maintained by the boards of water supply;

    (13)  Rosters of persons holding licenses or permits granted by an agency that may include name, business address, type of license held, and status of the license;

    (14)  The name, compensation (but only the salary range for employees covered by or included in chapter 76, and sections 302A-602 to 302A-640, and 302A-701, or bargaining unit (8)), job title, business address, business telephone number, job description, education and training background, previous work experience, dates of first and last employment, position number, type of appointment, service computation date, occupational group or class code, bargaining unit code, employing agency name and code, department, division, branch, office, section, unit, and island of employment, of present or former officers or employees of the agency; provided that this paragraph shall not require the creation of a roster of employees; and provided further that this paragraph shall not apply to information regarding present or former employees involved in an undercover capacity in a law enforcement agency;

    (15)  Information collected and maintained for the purpose of making information available to the general public; [and]

    (16) Information contained in or compiled from a transcript, minutes, report, or summary of a proceeding open to the public[.]; and

    (17) Names of persons nominated to fill a judicial vacancy pursuant to article VI, section 3 of the Constitution of the State of Hawaii and names of persons nominated to serve in executive and administrative offices and departments pursuant to article V, section 6 of the Constitution of the State of Hawaii."

     SECTION 3.  Section 92F-14, Hawaii Revised Statutes, is amended to read as follows:

     "§92F-14  Significant privacy interest; examples.  (a)  Disclosure of a government record shall not constitute a clearly unwarranted invasion of personal privacy if the public interest in disclosure outweighs the privacy interest of the individual.

     (b)  The following are examples of information in which the individual has a significant privacy interest:

     (1)  Information relating to medical, psychiatric, or psychological history, diagnosis, condition, treatment, or evaluation, other than directory information while an individual is present at such facility;

     (2)  Information identifiable as part of an investigation into a possible violation of criminal law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation;

     (3)  Information relating to eligibility for social services or welfare benefits or to the determination of benefit levels;

     (4)  Information in an agency's personnel file, or applications, [nominations,] recommendations, or proposals for public employment or appointment to a governmental position, except:

         (A)  Information disclosed under section 92F-12(a)(14); and

         (B)  The following information related to employment misconduct that results in an employee's suspension or discharge:

              (i)  The name of the employee;

             (ii)  The nature of the employment related misconduct;

            (iii)  The agency's summary of the allegations of misconduct;

             (iv)  Findings of fact and conclusions of law; and

              (v)  The disciplinary action taken by the agency;

              when the following has occurred:  the highest non-judicial grievance adjustment procedure timely invoked by the employee or the employee's representative has concluded; a written decision sustaining the suspension or discharge has been issued after this procedure; and thirty calendar days have elapsed following the issuance of the decision; provided that this subparagraph shall not apply to a county police department officer except in a case which results in the discharge of the officer;

     (5)  Information relating to an individual's nongovernmental employment history except as necessary to demonstrate compliance with requirements for a particular government position;

     (6)  Information describing an individual's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness;

     (7)  Information compiled as part of an inquiry into an individual's fitness to be granted or to retain a license, except:

         (A)  The record of any proceeding resulting in the discipline of a licensee and the grounds for discipline;

         (B)  Information on the current place of employment and required insurance coverages of licensees; and

         (C)  The record of complaints including all dispositions;

     (8)  Information comprising a personal recommendation or evaluation; and

     (9)  Social security numbers. "

     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:

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Report Title:

Uniform Information Practices Act; Required disclosures

 

Description:

Amends sections 92F-12 and 92F-14 to reflect that names of persons nominated for appointment to the judiciary or to executive and administrative offices and departments must be publicly disclosed, and that such disclosure does not constitute a clearly unwarranted invasion of personal privacy. 

 

 

 

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