Among the bills awaiting potential signature or veto by Gov. David Ige is one that would cap copying charges of public records by government agencies at 25 cents per page or sheet.
Senate Bill 3252, introduced by Sen. Karl Rhoads, an Oahu Democrat, was forwarded to Ige on May 6. The measure also specifies that there will be no reproduction costs for producing documents provided to requesters in an electronic format if the agency maintains those documents electronically.
In addition, the legislation would cap fees at $5 per 15 minutes of fraction thereof for a records search and $7.50 per 15 minutes or fraction thereof for the review and segregation of the requested record from other information in the document or file.
Fees would be waived when it is deemed the public interest would be served by the record’s disclosure “because the disclosure is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest.”
The bill described public records laws as “a critical mechanism to maintain government accountability and transparency and support citizen involvement in government decision-making.”
“The real world consequences of restricting access to that information can range from serious to routine but, in all cases, result in a less informed citizenry,” the measure stated.
The legislation also quotes an executive memorandum from Aug. 25, 2017, in which Ige wrote: “Effective citizen participation in state government requires timely access to information and appropriate opportunities for the public to provide its government with feedback and ideas.”
Among those providing testimony in support of the measure include: 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 as to the exorbitant costs charged by agencies for producing documents in electronic format, chilling public engagement,” said the group’s executive director, Sandy Ma, in written testimony. Ma said Common Cause supports SB3252 because “it will hopefully increase government accountability and transparency and reduce the public’s barriers and burden to participating in our government.”
“State and county agencies maintain records for the people of Hawaii,” said Brian Black, executive director of the Civil Beat Law Center in the Public Interest. “Excessive fees for records requests are an obstacle to any general policy of open government. The high cost of records discourages the public from asking questions about government operations. And it reinforces the public perception and the reality of social inequity between the elite and wealthy who know what is happening in Hawaii because they have free access to information or can pay for it and those members of the public who do not have and cannot afford such access.”
“Access to the public’s public records shouldn’t depend on how much money you make,” testified Nancy Cook Lauer, publisher of All Hawaii News. “A member of the public with less ability to pay shouldn’t be treated differently than a wealthier one.”
Testifiers in opposition 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 City and County of Honolulu Department of Design and Construction.
Shikada testified the fee caps mandated in the bill “do not always reflect the true costs of an agency responding to a records request and the different fee rates for digital records (as opposed to paper records) may create additional confusion and delay.”
She also expressed concerns over fee waivers in the public interest.
“We note that arguably all government records, by their nature, may be contended to be ‘likely to contribute significantly to public understanding’ of the government’s operations or activities. In addition, it is likely all (Uniform Information Practices Act requesters will assert that they are making their request as individuals rather than as representatives of an employer in order to evade the fees.”
Hara expressed concern that the measure “limits the department’s ability to recoup fees associated with UIPA requests” and “compounds our already increased costs.”
“Often, the requests ask for data that encompasses periods of time that are both digital and hard copy,” he said. “These requests may also need to be handled after normal business hours that the department is responsible for its internal overtime.”
Kozlov testified the bill “would be expected to increase the frequency and scope of requests and the resources required to respond to those requests.”
“The existing fees for processing government record requests are much less than the costs incurred,” he said. “Additionally, the staff resources expended to search, review, segregate, and redact when needed, the requested records detract from DDC’s primary responsibility of efficiently executing capital improvement projects for the City and County of Honolulu within budgeted timelines.”
Ige has until July 12 to sign it into law or until June 27 to notify the Legislature of his intent to veto the legislation and until July 12 to deliver the veto.
It takes a 2/3 majority of both legislative chamber to overturn a veto.
If none of those 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.