Report Title:

Executive Orders; Public Disclosure

Description:

Requires the governor to make available for public inspection all executive orders; requires the governor to transmit copies of executive orders to the legislature, the legislative reference bureau, and the state archives.

THE SENATE

S.B. NO.

1455

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to state government.

 

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

SECTION 1. The legislature finds that openness and transparency in government is critical to maintaining the public trust. All official proceedings must be open and inclusive as well as comply with the directives of the State's sunshine laws. Further, government documents and records must also be made available for public scrutiny. Requiring disclosure of government records enables the public to be actively involved in the political process, and vigilant against potential abuses of power by government officials.

The purpose of this Act is to require the governor to make available for public inspection all executive orders issued. This Act also requires the governor to transmit copies of all executive orders to the legislature, the legislative reference bureau, and the state archives.

SECTION 2. Section 92F-3, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Executive order" means any order issued by or on behalf of the governor that is intended to direct or instruct the actions of executive agencies and government officials, or to set policies for the executive branch to follow."

SECTION 3. Section 92F-12, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any other law 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;

(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 that social security numbers of individuals shall not be disclosed;

(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;

(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) Executive orders issued by the governor; provided that the governor shall timely transmit copies of the executive order to the legislature, the state archives, and the legislative reference bureau pursuant to section 92F-19."

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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