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HI HB2303

Bill

Status

Engrossed

3/3/2022

Primary Sponsor

Mark Nakashima

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Origin

House of Representatives

2022 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • Makes minor grammatical changes to existing exceptions by replacing "which" with "that" and adding a comma after "federal law" in section 92F-13.

  • 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

Committee Referrals

Judiciary3/8/2022
Judiciary & Hawaiian Affairs2/18/2022
Government Reform1/28/2022

Full Bill Text

No bill text available