HB 131: RELATING TO RESEARCH.

A BILL FOR AN ACT

RELATING to research.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 92F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§92F-     Disclosure of research records.  Notwithstanding section 92F-13, an agency may disclose government records to a researcher for a research purpose."

     SECTION 2.  Section 92F-3, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Research purpose" means a non-commercial objective to develop, study, or report aggregate or anonymous information that is not intended to be used in any way in which the identity of an individual is material to the results.

     "Researcher" means a government agency, hospital, educational institution, news media, nonprofit organization, or other similar organization that requests a research record."

     SECTION 3.  Section 92F-42, Hawaii Revised Statutes, is amended to read as follows:

     "§92F-42  Powers and duties of the office of information practices.  The director of the office of information practices:

     (1)  Shall, upon request, review and rule on an agency denial of access to information or records, or an agency's granting of access; provided that any review by the office of information practices shall not be a contested case under chapter 91 and shall be optional and without prejudice to rights of judicial enforcement available under this chapter;

     (2)  Upon request by an agency, shall provide and make public advisory guidelines, opinions, or other information concerning that agency's functions and responsibilities;

     (3)  Upon request by any person, may provide advisory opinions or other information regarding that person's rights and the functions and responsibilities of agencies under this chapter;

     (4)  May conduct inquiries regarding compliance by an agency and investigate possible violations by any agency;

     (5)  May examine the records of any agency for the purpose of paragraphs (4) and (18) and seek to enforce that power in the courts of this State;

     (6)  May recommend disciplinary action to appropriate officers of an agency;

     (7)  Shall report annually to the governor and the state legislature on the activities and findings of the office of information practices, including recommendations for legislative changes;

     (8)  Shall receive complaints from and actively solicit the comments of the public regarding the implementation of this chapter;

     (9)  Shall review the official acts, records, policies, and procedures of each agency;

    (10)  Shall assist agencies in complying with the provisions of this chapter;

    (11)  Shall inform the public of the following rights of an individual and the procedures for exercising them:

          (A)  The right of access to records pertaining to the individual;

          (B)  The right to obtain a copy of records pertaining to the individual;

          (C)  The right to know the purposes for which records pertaining to the individual are kept;

          (D)  The right to be informed of the uses and disclosures of records pertaining to the individual;

          (E)  The right to correct or amend records pertaining to the individual; and

          (F)  The individual's right to place a statement in a record pertaining to that individual;

    (12)  Shall adopt rules that set forth an administrative appeals structure which provides for:

          (A)  Agency procedures for processing records requests;

          (B)  A direct appeal from the division maintaining the record; and

          (C)  Time limits for action by agencies;

    (13)  Shall adopt rules that set forth the fees and other charges that may be imposed for searching, reviewing, or segregating disclosable records, as well as to provide for a waiver of fees when the public interest would be served;

    (14)  Shall adopt rules which set forth uniform standards for the records collection practices of agencies;

    (15)  [Shall] May adopt rules that set forth uniform standards for disclosure of records to researchers for research purposes;

    (16)  Shall have standing to appear in cases where the provisions of this chapter or part I of chapter 92 are called into question;

    (17)  Shall adopt, amend, or repeal rules pursuant to chapter 91 necessary for the purposes of this chapter; and

    (18)  Shall take action to oversee compliance with part I of chapter 92 by all state and county boards including:

          (A)  Receiving and resolving complaints;

          (B)  Advising all government boards and the public about compliance with chapter 92; and

          (C)  Reporting each year to the legislature on all complaints received pursuant to section 92-1.5."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Research; Office of Information Practices; Government Records; Disclosure

Description:

Allows agencies to disclose government records to researchers for certain research purposes.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  802

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 131

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 131 entitled:

"A BILL FOR AN ACT RELATING TO RESEARCH,"

begs leave to report as follows:

     The purpose of this measure is to allow agencies to disclose government records to researchers for certain research purposes.

     Your Committee received testimony in support of this measure from the Department of Health; Office of Information Practices; League of Women Voters of Hawaii; Public First Law Center; Grassroot Institute of Hawaii; Hawaiʻi Data Collaborative; and two individuals.  Your Committee received testimony in opposition to this measure from the University of Hawaiʻi System and one individual.  Your Committee received comments on this measure from the Department of Land and Natural Resources and Department of Human Services.

     Your Committee finds that under existing law, the Office of Information Practices is required to adopt rules setting forth uniform standards for disclosure of records for research purposes.  However, there is no statutory authorization of research requests for the Office of Information Practices to implement by means of rules.  The substantive law instead sets a general "any person" standard for record disclosure, which prohibits an agency from disclosing a record to some members of the public but withhold it from others.  This measure provides clarity in the situation in which agencies may disclose information to researchers without waiving their ability to withhold the information from the general public.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 131 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,