SB1253 SD1

SECTION 1. Section 92F-3, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Guidance" means a written discussion of the major legal and factual issues raised by an inquiry, including the most likely resolution of a complaint made in the inquiry, if applicable, but does not rise to the level of an opinion.

"Opinion" means a written discussion of legal and factual issues raised by an inquiry, including the findings and conclusions reached by the director of the office of information practices regarding those issues, regardless of whether the inquiry alleges violations of this chapter or part I of chapter 92 or otherwise raises disputed issues of law or fact, or the inquiry seeks an advisory legal interpretation of this chapter or part I of chapter 92.

"Ruling" means a written opinion providing firm and final legal determination of all disputed issues raised by an inquiry alleging violations of this chapter or part I of chapter 92."

SECTION 2. Section 92F-42, Hawaii Revised Statutes, is amended to read as follows:

"§92F-42 Powers and duties of the office of information practices. The director of the office of information practices:

(1) Shall, upon request, review and [~~rule~~] issue a ruling on an agency denial of access to information or records, or an agency's granting of access; provided that any review by the office of information practices shall not be a contested case under chapter 91 and shall be optional and without prejudice to rights of judicial enforcement available under this chapter; provided that if the office of information practices issues written guidance to a complainant concluding that an agency denial of access most likely will be upheld, and includes reasons for that decision and informs the complainant of the right to bring a judicial action under section 92F-15(a), then no further action is required by the office of information practices;

(2) Upon request by an agency, shall provide and make public advisory guidelines, opinions, or other information concerning that agency's functions and responsibilities;

(3) Upon request by any person, may provide advisory opinions or other information regarding that person's rights and the functions and responsibilities of agencies under this chapter;

(4) May conduct inquiries regarding compliance by an agency and investigate possible violations by any agency;

(5) May examine the records of any agency for the purpose of paragraphs (4) and (18) and seek to enforce that power in the courts of this State;

(6) May recommend disciplinary action to appropriate officers of an agency;

(7) Shall report annually to the governor and the state legislature on the activities and findings of the office of information practices, including recommendations for legislative changes;

(8) Shall receive complaints from and actively solicit the comments of the public regarding the implementation of this chapter;

(9) Shall review the official acts, records, policies, and procedures of each agency;

(10) Shall assist agencies in complying with the provisions of this chapter;

(11) Shall inform the public of the following rights of an individual and the procedures for exercising them:

(A) The right of access to records pertaining to the individual;

(B) The right to obtain a copy of records pertaining to the individual;

(D) The right to be informed of the uses and disclosures of records pertaining to the individual;

(E) The right to correct or amend records pertaining to the individual; and

(F) The individual's right to place a statement in a record pertaining to that individual;

(12) Shall adopt rules that set forth an administrative appeals structure [~~which~~] that provides for:

(A) Agency procedures for processing records requests;

(B) A direct appeal from the division maintaining the record; and

(13) Shall adopt rules that set forth the fees and other charges that may be imposed for searching, reviewing, or segregating disclosable records, as well as to provide for a waiver of fees when the public interest would be served;

(14) Shall adopt rules [~~which~~] that set forth uniform standards for the records collection practices of agencies;

(15) Shall adopt rules that set forth uniform standards for disclosure of records for research purposes;

(16) Shall have standing to appear in cases where the provisions of this chapter or part I of chapter 92 are called into question;

(17) Shall adopt, amend, or repeal rules pursuant to chapter 91 necessary for the purposes of this chapter; and

(18) Shall take action to oversee compliance with part I of chapter 92 by all state and county boards including:

(A) Receiving and resolving complaints[;] by issuing a ruling on whether a violation occurred; provided that if the office of information practices issues written guidance to a complainant concluding that a board most likely did not violate part I of chapter 92, and includes reasons for that decision and informs the complainant of the right to bring a judicial action under section 92-12(c), then no further action is required by the office of information practices;

(B) Advising all government boards and the public about compliance with chapter 92; and

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2112.

THE SENATE	S.B. NO.	1253
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII