SB 406: RELATING TO COPYING FEES.

A BILL FOR AN ACT

RELATING TO COPYING FEES.

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

     SECTION 1.  Section 92-21, Hawaii Revised Statutes, is amended to read as follows:

     "§92-21  Copies of records; other costs and fees.  (a)  Except as otherwise provided by law, a copy of any government record, including any map, plan, diagram, photograph, photostat, or geographic information system digital data file[, which] that is open to the inspection of the public, shall be furnished to any person applying for the same by the public officer having charge or control thereof upon the payment of the reasonable cost of reproducing [such] the copy.

     (b)  Except as provided in section 91-2.5[,] or subsection (c), the cost of reproducing any government record[, except geographic information system digital data,] pursuant to subsection (a) shall not be less than 5 cents per page, sheet, or fraction thereof.

     (c)  The cost of reproducing a digital copy of any government record pursuant to subsection (a) shall not exceed 5 cents per digital record; provided that the government record has already been digitized.

     (d)  The cost of reproducing [geographic information system digital data] any government record pursuant to this section, including reproducing a digital copy of a government record that has not already been digitized, shall be in accordance with rules adopted by the agency having charge or control of that data[.  Such], subject to the limitations and requirements of this section.  The reproduction cost shall include but shall not be limited to labor cost for search and actual time for reproducing, material cost, including electricity cost, equipment cost, including rental cost, cost for certification, and other related costs.

     (e)  All fees collected pursuant to this section shall be paid in by the public officer receiving or collecting the [same] fees to the state director of finance, [the] county director of finance, or [to the] agency or department by which the officer is employed, as government realizations; provided that fees collected by the public utilities commission pursuant to this section shall be deposited in the public utilities commission special fund established under section 269-33."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on January 1, 2525.

Report Title:

Digital Copies of Public Records; Costs and Fees

Description:

Prohibits the cost of reproducing government records in a digital format from exceeding 5 cents per digital record that has already been digitized.  Effective 1/1/2525.  (SD1)

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

A BILL FOR AN ACT

RELATING TO copying fees.

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

     SECTION 1.  Section 92-21, Hawaii Revised Statutes, is amended to read as follows:

     "§92-21  Copies of records; other costs and fees.  Except as otherwise provided by law, a copy of any government record, including any map, plan, diagram, photograph, photostat, or geographic information system digital data file, which is open to the inspection of the public, shall be furnished to any person applying for the same by the public officer having charge or control thereof upon the payment of the reasonable cost of reproducing such copy.  Except as provided in section 91-2.5, the cost of reproducing any government record, except geographic information system digital data, shall not [be less than] exceed 5 cents per page, sheet, or fraction thereof.  The cost of reproducing geographic information system digital data shall be in accordance with rules adopted by the agency having charge or control of that data.  [Such] The reproduction cost shall include but shall not be limited to labor cost for search and actual time for reproducing, material cost, including electricity cost, equipment cost, including rental cost, cost for certification, and other related costs.  All fees shall be paid in by the public officer receiving or collecting the [same] fees to the state director of finance, [the] county director of finance, or [to the] agency or department by which the officer is employed, as government realizations; provided that fees collected by the public utilities commission pursuant to this section shall be deposited in the public utilities commission special fund established under section 269-33."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Copies of Public Records; Costs and Fees

Description:

Prohibits the cost of reproducing government records from exceeding 5 cents per page, sheet, or fraction thereof, with exceptions.

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. 188

Honolulu, Hawaii

RE:    S.B. No. 406

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Government Operations, to which was referred S.B. No. 406 entitled:

"A BILL FOR AN ACT RELATING TO COPYING FEES,"

begs leave to report as follows:

     The purpose and intent of this measure is to prohibit the cost of reproducing government records from exceeding 5 cents per page, with certain exceptions.

     Your Committee received testimony in support of this measure from All Hawaii News, Big Island Press Club, Grassroot Institute of Hawaii, League of Women Voters of Hawaii, and Public First Law Center.

     Your Committee received testimony in opposition to this measure from the Department of Accounting and General Services.

     Your Committee received comments on this measure from the Employees' Retirement System and Office of Information Practices.

     Your Committee finds that accessing government records open to the public should not be cost prohibitive.  Public records are a critical mechanism for ensuring government transparency.  Unreasonable costs discourage public inspection of government operations and erode public trust in the State.  This measure will maintain reasonable costs for producing copies of government records by instituting a cap on reproduction fees.

     Your Committee notes the concerns expressed by the Department of Accounting and General Services that a cap of 5 cents per page on making physical copies of government records is an unrealistic portrayal of the actual cost of producing them, when considering the cost of leasing the copying machines, and financially burdensome to state departments.  Your Committee wishes to strike a balance on capping reproduction fees by utilizing new technology; however, recognizes the limitations.

     Accordingly, your Committee has amended this measure by:

     (1)  Limiting the application of the 5 cent fee cap to digital copies of government records that have already been digitized, to protect the public interest without unduly burdening state departments;

     (2)  Inserting an effective date of January 1, 2525, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 406, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 406, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Government Operations,