Chair Keith-Agaran, Vice Chair Rhoads, and Committee Members:
The League of Women Voters strongly supports SB 2858, SD 1, but we request amendment of the first sentence of SectionS to use the following wording.
SECTION 3. Section 92F-15, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) In an action to compel disclosure, the circuit court shall hear the matter de novo[.]; provided, however, that if the action to compel disclosure is brought because an agency has not made a record available as required by section 92-F15.5(b) after a decision of the office of information practices to disclose, and the agency has not appealed that decision within the time period provided in section 92-F ,the decision of the office of information practices shall not be subiect to challenge by the agency in the action to compel disclosure. Opinions and rulings..."
This proposed amendment of SB 2858, SD 1, would establish procedures under which a member of the public could file an action to compel agency compliance with an OIP decision without risk of having to fight a belated agency challenge to the OIP decision.