Hawaii 2022 Regular Session

Hawaii Senate Bill SB297

Introduced
1/22/21  

Caption

Relating To Judicial Enforcement Of The Uniform Information Practices Act.

Impact

One crucial aspect of SB297 is that in cases where a record has been deemed releasable by the office of information practices, agencies must comply unless they file an appeal in a timely manner. If they fail to do so, it leads to automatic disclosure of the record in question. This provision aims to reduce bureaucratic delays often encountered when seeking access to public records, enhancing accountability of state agencies.

Summary

Senate Bill 297 seeks to bolster the enforcement mechanisms surrounding the Uniform Information Practices Act in Hawaii. Specifically, it amends Section 92F-15 of the Hawaii Revised Statutes to clarify and expand the legal process individuals can use to challenge agency denials of access to government records. The bill grants individuals the right to bring a lawsuit against an agency within two years of a denial and emphasizes judicial priority in these cases—ensuring that they are expedited through the court system.

Conclusion

In essence, SB297 is a legislative effort to ensure that citizens have robust mechanisms to challenge governmental secrecy. By prioritizing judicial review of agency actions regarding public records, the bill reflects an ongoing commitment to transparency in governance, with a focus on ensuring that the public's right to know is upheld.

Contention

The bill introduces a strict timeline for agencies to justify their withholding of documents, increasing the burden of proof on them. Critics may argue that this shift places undue pressure on agencies, potentially overwhelming them with legal obligations. Furthermore, some stakeholders may be concerned about the bill's implications for transparency and whether it adequately protects sensitive information while still promoting public access to government records.

Companion Bills

HI HB347

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

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