HOUSE OF REPRESENTATIVES

H.B. NO.

1518

TWENTY-NINTH LEGISLATURE, 2017

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC RECORDS.

 

 

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

 


SECTION 1.  The legislature believes that most requests for public records pursuant to the uniform information practices act, chapter 92F, Hawaii Revised Statutes, are made in good faith, even if a request is repeated in an attempt to obtain a more expeditious response from an agency.  However, very occasionally, extreme situations arise when a small number of requesters make records requests with the intent to harass an agency, or make the same request over and over again, even if a legitimate response has already been provided.

Accordingly, the purpose of this Act is to establish a process by which a state agency may request the office of information practices to declare a person a vexatious public records requester if that person has established a clear pattern of conduct that amounts to an abuse of a process established by the uniform information practices act, chapter 92F, Hawaii Revised Statutes.

     SECTION 2.  Chapter 92F, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§92F-    Vexatious records requester.  (a)  An agency may request that the office of information practices declare a person a vexatious records requester.

     (b)  The office of information practices may declare a person a vexatious records requester if the office determines that a person has established a clear pattern of making records requests that are manifestly excessive or in bad faith and interfere with an agency's responsibilities under this chapter, pursuant to criteria established in this subsection.  The office of information practices shall consider whether a person's pattern of conduct includes any of the following factors; provided that no single factor shall alone be sufficient to declare a person a vexatious records requester:

     (1)  The requester is a natural person;

     (2)  The requester requests the same or substantially similar records for which the requester has:

         (A)  Already received that are responsive to the request; or

         (B)  Been informed that no records responsive to the request exist;

     (3)  The office of information practices determines that the requester has made requests in bad faith or with the intent to be a nuisance;

     (4)  The agency receiving the records request demonstrates that it responded to the request in compliance with this chapter;

     (5)  The requester made requests that were duplicative, repetitive, or substantially similar, after the agency responded to the initial request in accordance with this chapter; or

     (6)  The requester institutes proceedings under this chapter, including the appeal of a response to a records request, or submits a complaint or request for an investigation without a reasonable ground, with the intent to accomplish an objective unrelated to obtaining the records requested.

     (c)  The burden to establish that a person is a vexatious records requester shall be on the agency seeking to have the person declared a vexatious records requester; provided that the office of information practices shall not declare a person a vexatious records requester without first providing that person with notice and an opportunity to respond to the agency's claims; provided further that this section shall not require a contested case hearing.

     (d)  Upon finding that a person is a vexatious records requester, the office of information practices may restrict that person's exercise of rights set forth in this chapter; provided that the declaration that a person is a vexatious records requester shall remain in force for not longer than two years from the date of the declaration.

     (e)  The office of information practices shall inform any person who is declared a vexatious records requester that the person may request that the ombudsman independently review the declaration.

     (f)  A declaration of a person as a vexatious records requester, and any restrictions imposed upon a vexatious records requester's rights under this chapter, shall be reviewable by the circuit court of the circuit in which the records requester resides and shall be made pursuant to the Hawaii rules of civil procedure.

     (g)  The office of information practices may permit a vexatious records requester to submit a records request if a review by that office determines that the request has merit and is not being made in bad faith or with the intent to be a nuisance.

     (h)  As used in this section, "agency" means a branch or office of the state government or any of its political subdivisions."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050; provided this Act shall be repealed on June 30, 2020.



 

Report Title:

Public Records; Uniform Information Practices Act; Office of Information Practices; Vexatious Records Requesters; Restrictions; Appeals

 

Description:

Provides that upon request from a public agency, OIP may under certain conditions declare a person a vexatious records requester and restrict the person's rights under the Uniform Information Practices Act.  Establishes processes to appeal the declaration of a person as a vexatious records requester.  Repeals on June 30, 2020.  (HB1518 HD1)

 

 

 

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