This isn't true. They are asking for public info and NOT his BC. Spinspinspin.....
Exactly. And if you look at the version of the bill that they passed, they took out the parts about the required disclosure already having been made or the OIP agreeing that the disclosure is not required. The way it reads now it seems like it’s saying that the only issue is whether the department answered the request within the past year and the answer remains the same.
I wonder if this would have any impact on the OIP’s ability to say that a request was wrongly denied.
Not that the current OIP would ever do that. They’ve got Joesting gagged so that she just says the HDOH can decide for itself what the law means. Sigh.
The only way these people will obey the law is if a court appeal is made and it gets appealed beyond Hawaii.
The bill is here: http://www.capitol.hawaii.gov/session2010/Bills/SB2937_CD1_.HTM
Here’s what it says. I’m curious if anybody else understands it to mean that once a department has given an answer that they don’t intend to change, they are not required to disclose a record if the person asks for it again - regardless of whether their denial was proper. Here’s what the bill says:
SECTION 1. Section 92F-11, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
“(b) Except as provided in section 92F-13, each agency upon request by any person shall make government records available for inspection and copying during regular business hours[.]; provided that an agency shall not be required to make government records available or respond to a person’s subsequent duplicative request, if:
(1) After conducting a good faith review and comparison of the earlier request and the pending request, the agency finds that the pending request is duplicative or substantially similar in nature;
(2) The pending request has already been responded to within the past year; and
(3) The agency’s response to the pending request would remain unchanged.”
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 Statutory material to be repealed is bracketed and stricken.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 This Act shall take effect upon its approval and shall be repealed on July 1, 2014; provided that section 92F-11(b), Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act.