H.B. 2037 Summary

• Adds three new definitions to Hawaii Revised Statutes: "guidance" (written discussion of legal and factual issues without rising to opinion level), "opinion" (written discussion including director's findings and conclusions), and "ruling" (firm and final legal determination on disputed violations).

• Allows the Office of Information Practices to issue written "guidance" to complainants concluding that an agency denial of access will likely be upheld, which satisfies the office's obligation and informs complainants of their right to judicial action.

• Modifies the director's duty to "rule" on agency denials of access by permitting issuance of guidance as an alternative resolution method.

• Applies similar guidance provisions to open meetings complaints, allowing the office to issue written guidance concluding boards likely did not violate open meetings law while informing complainants of judicial remedies.

• Takes effect January 1, 2023.