Hawaii Senate Bill SCR192

Hawaii 2022 Regular Session

• Introduced: 3/11/22
• Refer: 3/16/22
• Report Pass: 4/6/22
• Engrossed: 4/7/22
• Refer: 4/8/22
• Refer: 4/14/22
• Report Pass: 4/25/22
• Passed: 4/26/22

Caption

Requesting The Office Of Information Practices To Convene A Working Group To Develop Recommendations For The Treatment Of Deliberative And Pre-decisional Agency Records.

Impact

The resolution seeks to amend the existing Uniform Information Practices Act (UIPA) by considering the introduction of new statutory standards for agency records. By examining the balance of interests involved, the working group is tasked with reviewing current practices not only in Hawaii but also in other jurisdictions. This examination aims to address how deliberative processes can be managed without compromising public transparency and access to information.

Summary

SCR192 is a concurrent resolution from the 31st Legislature of Hawaii that requests the Office of Information Practices (OIP) to convene a working group focused on developing recommendations regarding the treatment of deliberative and pre-decisional agency records. The resolution arises from concerns about the potential overreach of the deliberative process privilege, which has been criticized for enabling government agencies to withhold information that should be accessible to the public. The aim is to strike a balance between ensuring effective government decision-making and maintaining transparency.

Sentiment

The sentiment around SCR192 reflects a recognition of the need for reform in how agency deliberations are handled. While proponents support a structured approach to reconciliation between transparency and deliberative freedom, critics emphasize the risk that excessive privileges may lead to a lack of accountability and public oversight. Thus, the discussion encapsulates a broader debate over the handling of governmental processes and the public's right to know.

Contention

Notable points of contention surrounding SCR192 involve the complexity of finding a statutory solution that satisfies both government operations and public interest. Critics have pointed out the historical abuse of the deliberative process privilege, suggesting that any new recommendations must ensure that agencies cannot arbitrarily deny access to information. The structure of the working group itself—with representatives of both public interest groups and government agencies—illustrates an effort to mediate these competing interests, although achieving consensus may prove challenging.