Information Practices Fund

Established an informational practices special fund to be used by
the office of information practices for educational opportunities
for government and the public.

THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 92F, Hawaii Revised Statutes, is amended
 2 by adding a new section to be appropriately designated and to
 3 read as follows:
 4      "92F-     Informational practices special fund.  (a)  There
 5 is established in the state treasury the informational practices
 6 special fund, into which shall be deposited revenue derived from
 7 all fees charged for any and all training programs, materials,
 8 and publications provided by the office of information practices.
 9      The office of information practices shall use the moneys in
10 the informational practices special fund for:
11      (1)  Creating, developing, maintaining, and providing
12           educational opportunities, including materials, to
13           government agencies and members of the public; and
14      (2)  Administrative costs for the purposes of this section.
15      (b)  The director shall approve the expenditures from the
16 informational practices special fund.  Expenditures from this
17 fund shall be executed by the director or the director's
18 designee.

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 1      The informational practices fund shall not be subject to
 2 sections 36-27 and 36-30 relating to reimbursements to the state
 3 general fund."
 4      SECTION 2.  Section 92F-42, Hawaii Revised Statutes, is
 5 amended to read as follows:
 6      "92F-42  Powers and duties of the office of information
 7 practices.  The director of the office of information practices:
 8      (1)  Shall, upon request, review and rule on an agency
 9           denial of access to information or records, or an
10           agency's granting of access; provided that any review
11           by the office of information practices shall not be a
12           contested case under chapter 91 and shall be optional
13           and without prejudice to rights of judicial enforcement
14           available under this chapter;
15      (2)  Upon request by an agency, shall provide and make
16           public advisory guidelines, opinions, or other
17           information concerning that agency's functions and
18           responsibilities;
19      (3)  Upon request by any person, may provide advisory
20           opinions or other information regarding that person's
21           rights and the functions and responsibilities of
22           agencies under this chapter;

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 1      (4)  May conduct inquiries regarding compliance by an agency
 2           and investigate possible violations by any agency;
 3      (5)  May examine the records of any agency for the purpose
 4           of paragraph (4) and seek to enforce that power in the
 5           courts of this State;
 6      (6)  May recommend disciplinary action to appropriate
 7           officers of an agency;
 8      (7)  Shall report annually to the governor and the state
 9           legislature on the activities and findings of the
10           office of information practices, including
11           recommendations for legislative changes;
12      (8)  Shall receive complaints from and actively solicit the
13           comments of the public regarding the implementation of
14           this chapter;
15      (9)  Shall review the official acts, records, policies, and
16           procedures of each agency;
17     (10)  Shall assist agencies in complying with the provisions
18           of this chapter;
19     (11)  Shall inform the public of the following rights of an
20           individual and the procedures for exercising them:
21           (A)  The right of access to records pertaining to the
22                individual;

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 1           (B)  The right to obtain a copy of records pertaining
 2                to the individual;
 3           (C)  The right to know the purposes for which records
 4                pertaining to the individual are kept;
 5           (D)  The right to be informed of the uses and
 6                disclosures of records pertaining to the
 7                individual;
 8           (E)  The right to correct or amend records pertaining
 9                to the individual; and
10           (F)  The individual's right to place a statement in a
11                record pertaining to that individual;
12     (12)  Shall adopt rules that set forth an administrative
13           appeals structure which provides for:
14           (A)  Agency procedures for processing records requests;
15           (B)  A direct appeal from the division maintaining the
16                record; and
17           (C)  Time limits for action by agencies;
18     (13)  Shall adopt rules that set forth the fees and other
19           charges that may be imposed for searching, reviewing,
20           or segregating disclosable records, as well as to
21           provide for a waiver of fees when the public interest
22           would be served;

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 1     (14)  Shall adopt rules which set forth uniform standards for
 2           the records collection practices of agencies;
 3     (15)  Shall adopt rules that set forth uniform standards for
 4           disclosure of records for research purposes;
 5     (16)  Shall have standing to appear in cases where the
 6           provisions of this chapter are called into question;
 7     (17)  Shall adopt, amend, or repeal rules pursuant to chapter
 8           91 necessary for the purposes of this chapter; [and]
 9     (18)  Shall take action to oversee compliance with part I of
10           chapter 92 by all state and county boards including:
11           (A)  Receiving and resolving complaints;
12           (B)  Advising all government boards and the public
13                about compliance with chapter 92; and
14           (C)  Reporting each year to the legislature on all
15                complaints received pursuant to section 92-1.5[.];
16                and
17     (19)  May provide education to government agencies and
18           members of the public and may assess appropriate fees
19           for such education, training materials, and
20           publications, to be deposited into the informational
21           practices special fund."
22      SECTION 3.  Statutory material to be repealed is bracketed.

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 1 New statutory material is underscored.
 2      SECTION 4.  This Act shall take effect upon its approval.
 4                           INTRODUCED BY:_________________________