Relating To Emergency Powers.
If enacted, SB767 will amend Chapter 127A of the Hawaii Revised Statutes to explicitly prohibit the governor or local mayors from suspending agency response deadlines for public records requests or vital statistics during a state of emergency. The bill does allow for a reasonable delay in processing requests due to unforeseen circumstances while ensuring that agencies cannot outright reject requests regardless of an emergency declaration. By strengthening access to public information, the bill promotes transparency and accountability in government operations, especially during crises.
Senate Bill 767, relating to emergency powers in the State of Hawaii, seeks to amend the existing statutes that authorize the suspension of public records requests during declared emergencies. The impetus for this legislation arises from experiences during the coronavirus pandemic, specifically concerning the suspension of the Uniform Information Practices Act, which restricted public access to government records and encumbered the office of information practices' ability to process appeals. The bill's primary objective is to establish a clear prohibition against such suspensions, thereby ensuring continued public access to critical information even in times of emergency.
Of notable concern among lawmakers and stakeholders is the balance between emergency management needs and public access to information. Proponents advocate for the need to protect citizens’ rights to know and access public records at all times, asserting that transparency is crucial in maintaining trust in government during emergencies. However, some lawmakers may argue that there should be flexibility in allowing certain protocols to be adapted or temporarily altered during unprecedented emergencies, raising questions about how this legislation may impact the state's response capabilities in future crises.