Hawaii 2023 Regular Session

Hawaii House Bill HB1158 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1158 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to government records. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1158
4	4	THIRTY-SECOND LEGISLATURE, 2023
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	1158
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to government records.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 92F-3, Hawaii Revised Statutes, is amended by amending the definition of "government record" to read as follows: ""Government record" means information maintained by an agency in written, auditory, visual, electronic, or other physical form. "Government record" shall not include truly preliminary records, including personal notes and rough drafts of memorandum, that have not been circulated." SECTION 2. Section 92F-13, Hawaii Revised Statutes, is amended to read as follows: "§92F-13 Government records; exceptions to general rule. This part shall not require disclosure of: (1) Government records which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy; (2) Government records pertaining to the prosecution or defense of any judicial or quasi-judicial action to which the State or any county is or may be a party, to the extent that such records would not be discoverable; (3) Government records that, by their nature, must be confidential in order for the government to avoid the frustration of a legitimate government function; (4) Government records which, pursuant to state or federal law including an order of any state or federal court, are protected from disclosure; [and] (5) Inchoate and draft working papers of legislative committees including budget worksheets and unfiled committee reports; work product; records or transcripts of an investigating committee of the legislature which are closed by rules adopted pursuant to section 21-4 and the personal files of members of the legislature[.]; and (6) Inter-agency or intra-agency deliberative and pre‑decisional government records, other than readily segregable purely factual information, concerning an agency decision about a government action up until the final decision the deliberative government records relate to has been made or until deliberation of the matter has been abandoned; provided that there shall be a rebuttable presumption that a matter has been abandoned if three years have elapsed after a request for records; provided further that once disclosure is required, the name, title, and other information that would directly identify a public official or employee may be withheld if that person lacks discretionary authority, did not make the decision, and is not under investigation for or engaged in wrongdoing or criminal conduct related to the decision; provided further that this paragraph shall not apply to board packets as defined in section 92-7.5." SECTION 3. Section 92F-18, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) Each agency shall supplement or amend its public report, or file a new report, on or before July 1 of each subsequent year, to ensure that the information remains accurate and complete. Each agency shall report its use of the provisions of section 92F-13(6), including the text of the request and the agency's notice to the requester. Each agency shall file the supplemental, amended, or new report with the office of information practices, which shall make the reports available for public inspection." SECTION 4. (a) No later than January 1, 2028, the office of information practices shall convene a working group to examine agency use of the statutory exception established pursuant to section 92F-13(6), Hawaii Revised Statutes. The working group shall prepare recommendations for whether to keep or repeal the exception and, if kept, amendments, if any, that are warranted after reviewing use of the exception. (b) The working group shall include seven members consisting of: (1) The director of the office of information practices or the director's designee, who shall appoint the working group members and serve as the working group convener; (2) Three individuals representing public interest groups; and (3) Three individuals representing government agencies subject to the Uniformed Information Practices Act established pursuant to chapter 92F, Hawaii Revised Statutes. (c) The working group shall be exempt from part I of chapter 92, Hawaii Revised Statutes. (d) The director of the office of information practices shall report the findings and recommendations of the working group to the legislature no later than twenty days prior to the convening of the regular session of 2029. (e) The working group shall cease to exist on June 30, 2029. SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 2023; provided that section 3 of this Act shall be repealed on June 30, 2027 and section 92F-18(c), Hawaii Revised Statutes, shall be reenacted in the form in which it read prior to the effective date of this Act. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 92F-3, Hawaii Revised Statutes, is amended by amending the definition of "government record" to read as follows:
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51	51	""Government record" means information maintained by an agency in written, auditory, visual, electronic, or other physical form. "Government record" shall not include truly preliminary records, including personal notes and rough drafts of memorandum, that have not been circulated."
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53	53	SECTION 2. Section 92F-13, Hawaii Revised Statutes, is amended to read as follows:
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55	55	"§92F-13 Government records; exceptions to general rule. This part shall not require disclosure of:
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57	57	(1) Government records which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy;
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59	59	(2) Government records pertaining to the prosecution or defense of any judicial or quasi-judicial action to which the State or any county is or may be a party, to the extent that such records would not be discoverable;
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61	61	(3) Government records that, by their nature, must be confidential in order for the government to avoid the frustration of a legitimate government function;
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63	63	(4) Government records which, pursuant to state or federal law including an order of any state or federal court, are protected from disclosure; [and]
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65	65	(5) Inchoate and draft working papers of legislative committees including budget worksheets and unfiled committee reports; work product; records or transcripts of an investigating committee of the legislature which are closed by rules adopted pursuant to section 21-4 and the personal files of members of the legislature[.]; and
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67	67	(6) Inter-agency or intra-agency deliberative and pre‑decisional government records, other than readily segregable purely factual information, concerning an agency decision about a government action up until the final decision the deliberative government records relate to has been made or until deliberation of the matter has been abandoned; provided that there shall be a rebuttable presumption that a matter has been abandoned if three years have elapsed after a request for records; provided further that once disclosure is required, the name, title, and other information that would directly identify a public official or employee may be withheld if that person lacks discretionary authority, did not make the decision, and is not under investigation for or engaged in wrongdoing or criminal conduct related to the decision; provided further that this paragraph shall not apply to board packets as defined in section 92-7.5."
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69	69	SECTION 3. Section 92F-18, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
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71	71	"(c) Each agency shall supplement or amend its public report, or file a new report, on or before July 1 of each subsequent year, to ensure that the information remains accurate and complete. Each agency shall report its use of the provisions of section 92F-13(6), including the text of the request and the agency's notice to the requester. Each agency shall file the supplemental, amended, or new report with the office of information practices, which shall make the reports available for public inspection."
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73	73	SECTION 4. (a) No later than January 1, 2028, the office of information practices shall convene a working group to examine agency use of the statutory exception established pursuant to section 92F-13(6), Hawaii Revised Statutes. The working group shall prepare recommendations for whether to keep or repeal the exception and, if kept, amendments, if any, that are warranted after reviewing use of the exception.
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75	75	(b) The working group shall include seven members consisting of:
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77	77	(1) The director of the office of information practices or the director's designee, who shall appoint the working group members and serve as the working group convener;
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79	79	(2) Three individuals representing public interest groups; and
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81	81	(3) Three individuals representing government agencies subject to the Uniformed Information Practices Act established pursuant to chapter 92F, Hawaii Revised Statutes.
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83	83	(c) The working group shall be exempt from part I of chapter 92, Hawaii Revised Statutes.
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85	85	(d) The director of the office of information practices shall report the findings and recommendations of the working group to the legislature no later than twenty days prior to the convening of the regular session of 2029.
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87	87	(e) The working group shall cease to exist on June 30, 2029.
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89	89	SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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91	91	SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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93	93	SECTION 7. This Act shall take effect on July 1, 2023; provided that section 3 of this Act shall be repealed on June 30, 2027 and section 92F-18(c), Hawaii Revised Statutes, shall be reenacted in the form in which it read prior to the effective date of this Act.
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97	97	INTRODUCED BY: _____________________________
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99	99	INTRODUCED BY:
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101	101	_____________________________
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107	107	Report Title: Uniform Information Practices Act; Exceptions to Disclosure; Government Records; Working Group Description: Specifies that certain deliberative and pre-decisional government inter-agency or intra-agency records concerning an agency decision about a government action are not subject to disclosure until a decision on the action has been made or abandoned. Creates a rebuttable presumption that a matter has been abandoned three years after a prior request for such records. Allows an agency post-decision to continue to withhold directly identifying information for officials or employees lacking discretionary authority in specified circumstances. From 7/1/2023 through 6/30/2027, requires agencies to report their use of the exception to the office of information practices. Requires the office of information practices to convene a working group to examine agency use of the exception and report to the legislature by the 2029 regular session. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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113	113	Report Title:
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115	115	Uniform Information Practices Act; Exceptions to Disclosure; Government Records; Working Group
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119	119	Description:
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121	121	Specifies that certain deliberative and pre-decisional government inter-agency or intra-agency records concerning an agency decision about a government action are not subject to disclosure until a decision on the action has been made or abandoned. Creates a rebuttable presumption that a matter has been abandoned three years after a prior request for such records. Allows an agency post-decision to continue to withhold directly identifying information for officials or employees lacking discretionary authority in specified circumstances. From 7/1/2023 through 6/30/2027, requires agencies to report their use of the exception to the office of information practices. Requires the office of information practices to convene a working group to examine agency use of the exception and report to the legislature by the 2029 regular session.
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129	129	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.