Report Title:

Office of Information Practices; Authority to Assess Fines

 

Description:

Authorizes the office of information practices to fine any agency that does not comply with a decision; requires the office to adopt rules that set uniform standards for issuing fines.

 

 


HOUSE OF REPRESENTATIVES

H.B. NO.

964

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to information practices.

 

 

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

 


     SECTION 1.  Section 92F-15.5, Hawaii Revised Statutes, is amended to read as follows:

     "§92F-15.5  Alternative method to appeal a denial of access[.]; agency fines.  (a)  When an agency denies a person access to a government record, the person may appeal the denial to the office of information practices in accordance with rules adopted pursuant to section 92F-42(12).  A decision to appeal to the office of information practices for review of the agency denial shall not prejudice the person's right to appeal to the circuit court after a decision is made by the office of information practices.

     (b)  If the decision is to disclose, the office of information practices shall notify the person and the agency, and the agency shall make the record available.  If the denial of access is upheld, in whole or in part, the office of information practices shall, in writing, notify the person of the decision, the reasons for the decision, and the right to bring a judicial action under section 92F-15(a).

     (c)  Any agency that does not comply with a decision of the office of information practices under subsection (b) may be fined $           by the office of information practices for each violation in accordance with rules adopted pursuant to section 92F-42(19)."

     SECTION 2.  Section 92F-42, Hawaii Revised Statutes, is amended to read as follows:

     "§92F-42  Powers and duties of the office of information practices.  The director of the office of information practices:

     (1)  Shall, upon request, review and rule on an agency denial of access to information or records, or an agency's granting of access; provided that any review by the office of information practices shall not be a contested case under chapter 91 and shall be optional and without prejudice to rights of judicial enforcement available under this chapter;

     (2)  Upon request by an agency, shall provide and make public advisory guidelines, opinions, or other information concerning that agency's functions and responsibilities;

     (3)  Upon request by any person, may provide advisory opinions or other information regarding that person's rights and the functions and responsibilities of agencies under this chapter;

     (4)  May conduct inquiries regarding compliance by an agency and investigate possible violations by any agency;

     (5)  May examine the records of any agency for the purpose of paragraph (4) and seek to enforce that power in the courts of this State;

     (6)  May recommend disciplinary action to appropriate officers of an agency;

     (7)  Shall report annually to the governor and the state legislature on the activities and findings of the office of information practices, including recommendations for legislative changes;

     (8)  Shall receive complaints from and actively solicit the comments of the public regarding the implementation of this chapter;

     (9)  Shall review the official acts, records, policies, and procedures of each agency;

    (10)  Shall assist agencies in complying with [the provisions of] this chapter;

    (11)  Shall inform the public of the following rights of an individual and the procedures for exercising them:

         (A)  The right of access to records pertaining to the individual;

         (B)  The right to obtain a copy of records pertaining to the individual;

         (C)  The right to know the purposes for which records pertaining to the individual are kept;

         (D)  The right to be informed of the uses and disclosures of records pertaining to the individual;

         (E)  The right to correct or amend records pertaining to the individual; and

         (F)  The individual's right to place a statement in a record pertaining to that individual;

    (12)  Shall adopt rules that set forth an administrative appeals structure which provides for:

         (A)  Agency procedures for processing records requests;

         (B)  A direct appeal from the division maintaining the record; and

         (C)  Time limits for action by agencies;

    (13)  Shall adopt rules that set forth the fees and other charges that may be imposed for searching, reviewing, or segregating disclosable records, as well as to provide for a waiver of fees when the public interest would be served;

    (14)  Shall adopt rules which set forth uniform standards for the records collection practices of agencies;

    (15)  Shall adopt rules that set forth uniform standards for disclosure of records for research purposes;

    (16)  Shall have standing to appear in cases where the provisions of this chapter are called into question;

    (17)  Shall adopt, amend, or repeal rules pursuant to chapter 91 necessary for the purposes of this chapter; [and]

    (18)  Shall take action to oversee compliance with part I of chapter 92 by all state and county boards including:

         (A)  Receiving and resolving complaints;

         (B)  Advising all government boards and the public about compliance with chapter 92; and

         (C)  Reporting each year to the legislature on all complaints received pursuant to section 92‑1.5[.]; and

    (19)  Shall adopt rules that set forth uniform standards for issuing fines against agencies failing to comply with the office of information practices' decisions under section 92F-15.5(b)."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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