Bill to reduce costs of public information requests on Ige’s office

Among the bills awaiting signature or potential veto by Gov. David Ige is one that would cap fees for copying public documents by government agencies to 25 cents per page or sheet.

Senate Bill 3252, introduced by Sen. Karl Rhoads, a Democrat from Oahu, was sent to Ige on May 6. The measure also specifies that there will be no reproduction costs for the production of documents provided to applicants in electronic form if the agency retains these documents. electronically.

In addition, the legislation would cap fees at $5 per 15 minutes for a document search and $7.50 per 15 minutes for reviewing and separating the requested record from other information contained in the document or the folder.

The fee would be waived where it is determined that the public interest would be served by disclosure of the record “because disclosure is likely to contribute significantly to public understanding of government operations or activities and is not primarily in the commercial interest”.

The bill describes public records laws as “an essential mechanism for maintaining government accountability and transparency and supporting citizen participation in government decision-making.”

“The actual consequences of restricting access to this information can range from severe to routine but, in all cases, results in a less informed population,” the measure states.

The legislation also cites an August 25, 2017 executive memorandum, in which Ige wrote, “Effective citizen participation in state government requires timely access to information and appropriate opportunities for the public to provide their government comments and ideas.

Among those who provided testimony in support of the measure were: the League of Women Voters of Hawaii; Big Island Press Club; All Hawaii news; Civil Beat Law Center in the Public Interest; and Common Cause Hawaii.

“Common Cause Hawaii has received complaints from the public about the exorbitant costs charged by agencies to produce materials in electronic format, which chills public engagement,” group executive director Sandy Ma said in testimony. writing. Ma said Common Cause supports SB3252 because “it will hopefully increase accountability and transparency in government and reduce barriers and burden on the public to participate in our government.”

“State and county agencies maintain records for Hawaiians,” said Brian Black, executive director of the Civil Beat Law Center in the Public Interest. “Excessive fees for document requests are an obstacle to any general open government policy. The high cost of documents discourages the public from asking questions about government operations. And it reinforces public perception and the reality of social inequality between the elite and the wealthy who know what’s going on in Hawaii because they have free access to information or can pay for it and members of the public who don’t have and can’t afford it. to access.”

“The public’s access to public records shouldn’t depend on how much money you make,” said Nancy Cook Lauer, publisher of All Hawaii News. “A member of the public with less ability to pay should not be treated any differently than a wealthier member.”

Opposition witnesses include: Attorney General Holly Shikada; Maj. Gen. Kenneth Hara, state adjutant general and director of the Hawaii Emergency Management Agency; and Alex Kozlov, director of the Design and Construction Department for the City and County of Honolulu.

Shikada testified that the fee caps imposed in the bill “do not always reflect the true costs of an agency responding to a request for records and the different fee rates for digital records (as opposed to paper records) may create further confusion and delays”.

She also expressed concerns about fee waivers in the public interest.

“We note that arguably all government records, by their nature, can be considered ‘likely to contribute significantly to the public’s understanding’ of government operations or activities. Plus, that’s probably all (Uniform Information Practices Act applicants will claim they are applying as individuals rather than as representatives of an employer in order to avoid the fee).

Hara expressed concern that the measure “limits the department’s ability to recover costs associated with UIPA requests” and “aggravates our already increased costs.”

“Often, requests request data that spans both digital and paper time periods,” he said. “These requests may also need to be handled after normal business hours where the department is responsible for its internal overtime.”

Kozlov testified that the bill “should increase the frequency and scope of requests and the resources needed to respond to those requests.”

“Existing fees for processing requests for government records are well below the costs incurred,” he said. “Furthermore, staff resources devoted to searching, reviewing, separating and redacting when needed, requested documents undermine DDC’s primary responsibility to effectively execute quality improvement projects. capital assets for the City and County of Honolulu on schedule.”

Ige has until July 12 to sign it or until June 27 to notify the Legislative Assembly of his intention to veto the legislation and until July 12 to veto it.

It takes a 2/3 majority of both legislative chambers to override a veto.

If none of these events occur, the bill will become law without Ige’s signature.

Editor’s note: John Burnett is president of the Big Island Press Club.

Email John Burnett at jburnett@hawaiitribune-herald.com.