Bill Text: HI SB122 | 2010 | Regular Session | Introduced

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Bill Title: Information Practices Act

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB122 Detail]

Download: Hawaii-2010-SB122-Introduced.html

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Report Title:

Information Practices Act

 

Description:

Establishes a tracking system for requests made under the Uniform Information Practices Act (Modified).  Requires agencies to designate an officer to oversee implementation and compliance with the Uniform Information Practices Act.  Allows complainants to recover reasonable attorney's fees and other expenses when they substantially prevail on actions for violations of the Act.  Amends fee provision to specify when fees shall be charged for document search, review, and segregation.

 

THE SENATE	S.B. NO.	122
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.  Chapter 92F, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§92F-A  Tracking system.  (a)  Each agency shall establish:

     (1)  A system to assign an individualized tracking number for each request received that will take longer than ten business days to process and provide to each person making a request the tracking number assigned to the request; and

     (2)  A telephone or internet service that provides information about the status of a request to the person making the request using the assigned tracking number, including:

         (A)  The date on which the agency originally received the request; and

         (B)  An estimated date on which the agency will complete action on the request.

     §92F-B  Information practices officers.  Each agency shall designate an information practices officer, who shall have the following responsibilities with regard to this chapter:

     (1)  Overseeing and monitoring the agency's efficient and appropriate compliance;

     (2)  Appropriately informing the head of the agency of the agency's performance; and

     (3)  Recommending to the head of the agency adjustments to agency practices, policies, personnel, and funding that may be necessary to improve its implementation of this chapter."

     SECTION 2.  Section 92F-15, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  If the complainant substantially prevails in an action brought under this section, the court shall assess against the agency reasonable attorney's fees and all other expenses reasonably incurred in the litigation.  For purposes of this subsection, a complainant has substantially prevailed if the complainant has obtained relief through either:

     (1)  A judicial order or an enforceable written agreement or consent decree; or

     (2)  A voluntary or unilateral change in position by the agency, if the complainant's claim is not insubstantial."

     SECTION 3.  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] Upon request, shall 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; provided that:

         (A)  Fees shall be limited to reasonable standard charges for document search, review, and segregation, when records are requested for commercial use;

         (B)  Fees shall not be charged for searching, reviewing, or segregating disclosable records when the request is made by an educational or noncommercial scientific institution, whose purpose is scholarly or scientific research, or by a representative of the news media; and

         (C)  For any request not described in subparagraphs (A) or (B), fees shall be limited to reasonable standard charges for the document search.

          As used in this section, "representative of the news media" means any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience, and includes but is not limited to representatives of television or radio stations broadcasting to the public at large, publishes or periodicals who make their products available for purchase, subscription, or free distribution, alternative media such as electronically disseminated newspapers, and freelance journalists who can demonstrate a solid basis for expecting publication through an entity.

    (14)  May impose sanctions for an agency's failure to comply with the provisions of this chapter and rules adopted by this office, including but not limited to prohibiting an agency from assessing search, review, and segregation fees if the agency fails to comply with any time limits imposed by this chapter or rules adopted by this office.

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

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

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

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

   [(18)] (19)  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."

     SECTION 4.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections of this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________