Hawaii 2022 Regular Session

Hawaii House Bill HB347

Introduced
1/25/21  

Caption

Relating To Judicial Enforcement Of The Uniform Information Practices Act.

Impact

The bill establishes procedural requirements that clarify how judicial reviews should be conducted when an agency denies a request for records. Key changes include the obligation for agencies to prove the validity of their nondisclosure justifications, in addition to reinforcing that opinions from the office of information practices must be treated as precedent unless proven palpably erroneous. This is expected to improve agency accountability and safeguard individuals' rights to public information, positively influencing the transparency of government actions in Hawaii.

Summary

House Bill 347 aims to enhance the enforcement of the Uniform Information Practices Act in Hawaii, particularly focusing on the judicial processes involved in accessing government records. The bill proposes modifications to existing statutes, mainly Section 92F-15 of the Hawaii Revised Statutes, which governs the conditions under which individuals may challenge denied access to public records. By allowing individuals who feel aggrieved by such denials to take legal action within a two-year window, the bill seeks to ensure timely access to information and expedite judicial proceedings relating to public disclosure.

Contention

Notably, the bill also includes provisions for expedited court processes, ensuring that cases concerning access to public records are prioritized in the judicial system. This prioritization is aimed at reducing delays and fostering an environment where the public's right to know is upheld without unnecessary impediments. Opponents of such measures may argue that procedural changes could overwhelm the judicial system or lead to increased burdens on agencies, which could require additional resources to meet compliance. However, proponents believe these changes are vital for promoting government transparency and protecting citizens' rights.

Companion Bills

HI SB297

Same As Relating To Judicial Enforcement Of The Uniform Information Practices Act.

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