THE SENATE	S.B. NO.	720
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO GOVERNMENT RECORDS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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" does not include truly preliminary records, such as 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 and purely factual information, concerning an agency decision about a government action up until the final decision to which the government records relate 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 two years have elapsed after a request for records; provided further that once disclosure is required, the name, title, and other information that would specifically 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. This paragraph does not apply to board packets as defined by 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. From July 1, 2023, through June 30, 2027, an agency shall report its use of section 92F-13(6), including the text of the request and the agency's notice to 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. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2112.

Report Title:

Government Records; Disclosure; Exemption; Reports

Description:

Adds an exception to mandatory disclosure of government records for deliberative and pre-decisional government inter-agency or intra-agency records concerning an agency decision about a government action. From July 1, 2023, through June 30, 2027, requires agencies to report their use of the exception to the Office of Information Practices. Effective 7/1/2112. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.