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HI HB2303
Bill
Status
3/3/2022
Primary Sponsor
Mark Nakashima
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AI Summary
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Adds a new exception to Hawaii's public records law (section 92F-13) to protect drafts, internal memoranda, and other deliberative and pre-decisional materials that are part of an agency's internal decision-making process.
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Requires disclosure of such protected materials if the public interest in disclosure outweighs the potential impairment to the agency's ability to make sound and fair decisions, establishing a balancing test rather than absolute protection.
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Clarifies the legislature's intent that the deliberative process privilege was included in the original 1988 Uniform Information Practices Act, contrary to the Hawaii Supreme Court's 2018 decision in Peer News LLC v. City and County of Honolulu.
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Makes minor grammatical changes to existing exceptions by replacing "which" with "that" and adding a comma after "federal law" in section 92F-13.
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Takes effect on July 1, 2112.
Legislative Description
Relating To The Uniform Information Practices Act.
Uniform Information Practices Act
Last Action
Referred to JDC.
3/8/2022