RELATING TO RESEARCH.

HB131

HOUSE OF REPRESENTATIVES

H.B. NO.

131

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

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.

INTRODUCED BY:

_____________________________

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.