Hawaii Open Meetings and Records Law

92-1 PUBLIC PROCEEDINGS PART I. MEETINGS

§92-1 Declaration of policy and intent

       In a democracy, the people are vested with the ultimate 
decision-making power. Governmental agencies exist to aid
the people in the formation and conduct of public policy.
Opening up the governmental processes to public scrutiny and 
participation is the only viable and reasonable method of
protecting the public's interest. Therefore, the legislature declares
that it is the policy of this State that the formation and conduct of
public policy -- the discussions, deliberations, decisions,
and action of governmental agencies -- shall be conducted as
openly as possible. To implement this policy,the legislature
declares that:

     (1) It is the intent of this part to protect the people's
right to know;
     (2) The provisions requiring open meetings shall be
liberally construed; and
     (3) The provisions providing for exceptions to the
open meeting requirements shall be strictly construed against
closed meetings. [L 1975, c 166, pt of §1]

Attorney General Opinions

Hawaii Legal Reporter Citations

§92-2 Definitions. 

    As used in this part:
    (1) "Board" means any agency, board, commission, authority,
or committee of the State or its political subdivisions which
is created by constitution, statute, rule, or executive order,
to have supervision, control, jurisdiction or advisory power
over specific matters and which is required to conduct meetings
and to take official actions.


     (2) "Chance meeting" means a social or informal
assemblage of two or more members at which matters
relating to official business are not discussed.


     (3) "Meeting" means the convening of a board for which
a quorum is required in order to make a decision or to 
deliberate toward a decision upon a matter over which
the board has supervision, control, jurisdiction, or advisory
power. [L 1975, c 166. Pt of §1; am L 1976, c 212, §l]

Attorney General Opinions

§92-3 Open meetings.

     Every meeting of all boards shall be open 
to the public and all persons shall be permitted to
attend any meeting unless otherwise

provided in the constitution or as closed pursuant
to sections 92-4 and 92-5: provided
that the removal of any person or persons who
wilfully disrupts a meeting to prevent
and compromise the conduct of the meeting
shall not be prohibited. The boards shall afford
all interested persons an opportunity to submit
data,  views. or arguments, in writing, on any
agenda item. The boards shall also afford all 
interested persons an opportunity to present oral
testimony on any agenda item. The boards may
provide for reasonable administration of oral testimony 
by rule. [L 1975, c 166, Pt of § 1; am L 1985,
c 278, §1]

Attorney General Opinions

§92-4 Executive meetings. 

     A board may hold an executive meeting 
closed to the public upon an affirmative vote, taken
at an open meeting, of two-thirds of the members
present; provided the affirmative vote constitutes a 
majority of the members to which the board is entitled.
A meeting closed to the public shall be limited to
matters exempted by section 92-5. The reason for
holding such a meeting shall be publicly announced
and the vote of each member on the question of 
holding a meeting closed to the public shall be recorded,
and entered into the minutes of the meeting. [L 1975, c 166,
Pt of §1; am L 1985, c 278, §2]

Attorney General Opinions

Case Notes

     Certain police records not public records. 42 H.
14, (decided prior to enactment of section).

§92-5 Exceptions. 

     (a)  A board may hold a meeting closed to the 
public pursuant to section 92-4 for one or more of
the following purposes:

     (1) To consider and evaluate personal information
relating to individuals applying for professional or vocational
licenses cited in section 26-9 or both;
     (2) To consider the hire, evaluation, dismissal, or
discipline of an officer or employee or of charges brought
against the officer or employee, where consideration of matters
affecting privacy will be involved; provided that if the individual concerned requests an open meeting. an open meeting
shall be held;
     (3) To deliberate concerning the authority of persons
designated by the board to conduct labor negotiations or 
to negotiate the acquisition of public property, or during
the conduct of such negotiations;
     (4) To consult with the board's attorney on questions
and issues pertaining to the board's powers. duties, privileges,
immunities, and liabilities;
     (5) To investigate proceedings regarding criminal 
misconduct; and
     (6) To consider sensitive matters related to public
safety or security.

     (b) In no instance shall the board make a decision
or deliberate toward a decision in an executive meeting
on matters not directly related to the purposes specified
in subsection (a). This part shall not apply to any 
chance meeting at which matters relating to official
business are not discussed. No chance meeting or elec-


tronic communication shall be used to circumvent the
spirit or requirements of this part to make a decision
or to deliberate toward a decision upon a matter over
which the board has supervision. control. jurisdiction,
or advisory power. [L 1975, c 166, Pt of §1; am L 1985,
c 278. §3; gen ch 1985]

Attorney General Opinions

§92-6 Judicial branch, quasi-judicial boards and investigatory functions; applicability. 

     (a) This part shall not apply:
       (1)  To the judicial branch.
       (2)  To adjudicatory functions exercised by a
board and governed by sections 91-8 and 91-9, or
authorized by other sections of the Hawaii Revised
Statutes. In the application of this subsection, boards
exercising adjudicatory functions include, but are not
limited to, the following:

     (A)  Hawaii labor relations board, chapters 89 and 377;
     (B)  Labor and industrial relations appeals board, chapter 371;
     (C)  Hawaii paroling authority, chapter 353;

     (D)  Civil service commission, chapter 26;
     (E)  Board of trustees, employees' retirement system
of the State of Hawaii, chapter 88;
     (F)  Criminal injuries compensation commission,
chapter 351; and
     (G)  State ethics commission, chapter 84.
        (b) Notwithstanding provisions in this section to
the contrary, this part shall apply to require open deliberation
of the adjudicatory functions of the land use commission.
[L 1975, c 166, Pt of §1; am L 1976, c 92, §8: am L 
1985, c 251, §11]

Rules of Court

Case Notes

§92-7 Notice. 

     a) The board shall give written public notice of 
any regular, special. or rescheduled meeting. or any
executive meeting when anticipated in
advance. The notice shall include an agenda which
lists all of the items to be considered at the forthcoming
meeting. the date, time, and place of the meeting, and
in the case of an executive meeting the purpose shall be
stated.

     (b)  The board shall file the notice in the office of
the lieutenant governor or the appropriate county
clerk's office, and in the board's office at least six
calendar days before the meeting. The notice shall 
also be posted at the site of the meeting whenever
feasible. No board shall change the agenda. once filed,
by adding items thereto without a two-thirds recorded
vote of all members to which the board is entitled; provided
that no item shall be added to the agenda if it is of
reasonably major importance and action thereon by the
board will affect a significant number of persons. Items
of reasonably major importance not decided at a scheduled
meeting shall be considered only at a meeting continued
to a reasonable day and time.

     (c)  The board shall maintain a list of names and
addresses of persons who request notification of
meetings and shall mail a copy of the notice to such
persons at their last recorded address no later than
the time the agenda is filed under subsection
(b). [L 1975,c 166,ptof§l;amL 1976,c212,§2; am L 1984,
c271,§l;am L 1985, c 278, §4]

Attorney General Opinions

§92-8 Emergency meetings. 

     If a board finds that an imminent peril to the
public health, safety, or welfare requires a meeting in
less time than is provided for in section 92-7, the board
may hold an emergency meeting provided:

     (1)  The board states in writing the reasons for its
findings;

     (2)  Two-thirds of all members to which the board
is entitled agree that the findings are correct and an
emergency exists;

     (3)  An emergency agenda and the findings are
filed with the office of the lieutenant governor or the
appropriate county clerk's office, and in the
board's office; and

     (4)  Persons requesting notification are contacted
by mail or telephone as soon as practicable. [L 1975,
c 166, Pt of §1]

§92-9 Minutes. 

     (a) The board shall keep written minutes of all 
meetings. Unless otherwise required by law, neither
a full transcript nor a recording of the
meeting is required, but the written minutes shall 
give a true reflection of the matters discussed at the
meeting and the views of the participants. The 
minutes shall include, but need not be limited to:

     (1)  The date, time and place of the meeting;

     (2)  The members of the board recorded as either
present or absent;

     (3)  The substance of all matters proposed, discussed
or decided; and a record, by individual member, of any
votes taken; and

     (4)  Any other information that any member of
the board requests be included or reflected in the
minutes.

     (b)  The minutes shall be public records and shall 
be available within thirty days after the meeting except
where such disclosure would be inconsistent with
section 92-5; provided that minutes of executive
meetings may be withheld so long as their publication
would defeat the lawful purpose of the executive meeting,
but no longer.

     (c)  All or any part of a meeting of a board may 
be recorded by any person in attendance by means
of a tape recorder or any other means of sonic reproduction,
except when a meeting is closed pursuant to section 92-4; 
provided the recording does not actively interfere with
the conduct of the meeting. [L 1975, c 166, pt of §11

Attorney General Opinions

§92-10 Legislative branch; applicability. 

     Notwithstanding any provisions contained in this
chapter to the contrary, open meeting requirements,
and provisions regarding enforcement, penalties and
sanctions. as they are to relate to the state
legislature or to any of its members shall be 
such as shall be from time to timeprescribed by
the respective rules and procedures of the 
senate and the house of representatives, which
rules and procedures shall take precedence 
over this part. Similarly. provisions relating to notice,
agenda and minutes of meetings, and such
other requirements as may be necessary. shall
also be governed by the respective rules and 
procedures of the senate and the house of 
representatives. [L 1975. c 166, Pt of §1]

§92-11 Voidability. 

     Any final action taken in violation of  sections 92-3
and 92-7 shall be voidable upon proof of wilful violation. 
A suit to void any final action shall be commenced 
within ninety days of the action. [L 1975. c 166, Pt of §1]

Case Notes

     Violation not wilful. 4 H. App. 633, 675 P.2d 784.

§92-12 Enforcement

     (a) The attorney general and the prosecuting 
attorney shall enforce this part.
     (b) The circuit courts of the State shall have 
jurisdiction to enforce the provisions of this part by
injunction or other appropriate remedy.
     (c) Any person may commence a suit in the circuit
court of the circuit in which a prohibited act occurs 
for the purpose of requiring compliance with or
preventing violations of this part or to determine the 
applicability of this part to discussions or decisions of
the public body. The court may order payment of
reasonable attorney fees and costs to the prevailing 
party in a suit brought under this section.
     (d) The proceedings for review shall not stay the 
enforcement of any agency decisions; but the reviewing
court may order a stay if the following criteria have
been met:
	(1) There is likelihood that the party bringing
the action will prevail on the merits;
                (2) Irreparable damage will result if a stay is
not ordered;
                (3) No irreparable damage to the public will
result from the stay order; and
                (4) Public interest will be served by the stay
order. [L 1975, c 166, Pt of § 1; am L 1985, c 278, §51

§92-13 Penalties. 

     Any person who wilfully violates any provisions 
of this part shall be guilty of a misdemeanor, and
upon conviction, may be summarily removed from
the board unless otherwise provided by law. [L 1975, 
c 166, Pt of § 1]

PART III. COPIES OF RECORDS; COSTS AND FEES
§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. The cost of reproducing any govemment record,
except geographic information system digital data, shall not
be less than 25 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 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 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. [L 1921, c 96, § I; RL 
1925, § 166; am L 1929, c 166. Pt of §1; am L 1931,
c 178, §1; RL 1935, §147; RL 1945, pt of §458; am L
1945, c 248, §1; amL 1949, c 345, §1; am L Sp 1949,
c 23, §1; RL 1955, §7-1; amL Sp 19592d,c 1,§14;
amL 1963,c 114,§1:HRS§92-21;amL 1974,c 145,§2;amL
1976. c 212, §3; am L 1991, c 145, §3; am L 1993,
c 103, §1]

Case Notes

     Records not otherwise open to the public are not
opened by this Section. 42 H. 14.

§§92-22, 23 REPEALED. L 1989, c 14, §§18, 19.
92F-I PUBLIC PROCEEDINGS
PART I. GENERAL PROVISIONS AND DEFINITIONS
[92F-1] Short title. 

     This chapter shall be known and may be 
cited as the Uniform lnk)rmation Practices Act
(Modified). [L 1988, c 262, Pt of §11

[§92F-2] Purposes; rules of construction. 

     In a democracy, the people are vested with the
ultimate decision-making power. Government 
agencies exist to aid the people in the formation 
and conduct of public policy. Opening up the
government processes to public scrutiny and partici
pation is the only viable and reasonable
method of protecting the public's interest. Therefore the 
legislature declares that it is the policy of this State that
the formation and conduct of public policy -- the
discussions, deliberations, decisions, and action of 
government agencies -- shall be conducted as openly 
as possible.
     The policy of conducting government business as 
openly as possible must be tempered by a recognition
of the right of the people to privacy, as embodied in
section 6 and section 7 of Article I of the Constitution 
of the State of Hawaii.
     This chapter shall be applied and construed to
promote its underlying purposes and policies, which 
are to:
     (1) Promote the public interest in disclosure;
     (2) Provide for accurate, relevant, timely, and 
complete government records;
     (3) Enhance governmental accountability through 
a general policy of access to government records;
     (4) Make government accountable to individuals 
in the collection, use, and dissemination of information
relating to them; and
     (5) Balance the individual privacy interest and the 
public access interest, allowing access unless it would
constitute a clearly unwarranted invasion of personal 
privacy. [L 1988, c 262, pt of §1]

[§92F-3] General definitions. 

     Unless the context otherwise requires, in this chapter:
     "Agency" means any unit of government in this State,
any county, or any combination of counties; department;
institution; board; commission; district; council; bureau; 
office; governing authority; other instrumentality of state 
or county government; or corporation or other establishment
owned, operated, or managed by or on behalf of this State 
or any county, but does not include the nonadministrative
functions of the courts of this State.
     "Government record" means information maintained
by an agency in written, auditory, visual, electronic, or 
other physical form.
     "Individual" means a natural person.
     "Person" means an individual, corporation, government
or governmental subdivision or agency, business trust,
estate, trust, partnership, association, or any other legal
entity.
     "Personal record" means any item, collection, or
grouping of information about an individual that is
maintained by an agency. It includes, but is not limited to,
the individual's education, financial, medical, or employment 
history, or items that contain or make reference to the
individual's name, identifying number, symbol, or
other identifying particular assigned to the individual,
such as a finger or voice print or a photograph.
[L 1988, c 262, Pt of §11

[92F-4] Funding, services, and other federal assistance. 

    Where compliance with any provision of this
chapter would cause an agency to lose or be
denied funding, services, or other assistance
from the federal government. compliance with

that provision shall be waived but only to the extent
necessary to protect eligibility for federal funding, services,
or other assistance. [L 1992, C 118, §l~

PART II. FREEDOM OF INFORMATION
[§92F-11] Affirmative agency disclosure responsibilities. 

     (a) All government records are open to public inspection 
unless access is restricted or closed by law.
     (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.
     (c) Unless the information is readily retrievable by the 
agency in the form in which it is requested, an agency 
shall not be required to prepare a compilation or
summary of its records.
     (d) Each agency shall assure reasonable access to
facilities for duplicating records and for making memoranda 
or abstracts.
     (e) Each agency may adopt rules, pursuant to chapter 
91, to protect its records from theft, loss, defacement, 
alteration, or deterioration and to prevent manifestly
excessive interference with the discharge of its other 
lawful responsibilities and functions. [L 1988, c 262, Pt of §1]

§92F-12 Disclosure required. 

     a) Any provision to the contrary notwith-
standing, each agency shall make available
for public inspection and duplication
during regular business hours:
        (1) Rules of procedure, substantive rules of 
general applicability, statements of general policy, 
and interpretations of general applicability adopted 
by the agency;
        (2) Final opinions, including concurring and 
dissenting opinions, as well as orders made in the 
adjudication of cases; 
        (3) Government purchasing information including 
all bid results, except to the extent prohibited by section 
92F-13;
        (4) Pardons and commutations, as well as directory 
information concerning an individual's presence at any
correctional facility;
        (5) Land ownership, transfer, and lien records, 
including real property tax information and leases of 
state land;
        (6) Results of environmental tests;
        (7) Minutes of all agency meetings required by
law to be public;
        (8) Name, address, and occupation of any person
borrowing funds from a state or county loan program,
and the amount, purpose, and current status of the loan;
       (9) Certified payroll records on public works contracts;
       (10) Regarding contract hires and consultants
employed by agencies: the contract itself, the amount of
compensation, the duration of the contract, and the
objectives of the contract;
        (11) Building permit information within the control 
of the agency;
        (12) Water service consumption data maintained 
by the boards of water supply;
        (13) Rosters of persons holding licenses or permits
granted by an agency that may include name, business 
address, type of license held, and status of the license;
        (14) The name, compensation (but only the salary
range for employees covered by or included in 
chapters 76, 77, 297, or bargaining unit (8)), job

title, business address, business telephone number, job 
description, education and training background, previous
work experience, dates of first and last employment,
position number, type of appointment, service computation
date, occupational group or class code, bargaining 
unit code, employing agency name and code, department,
division, branch, office, section, unit, and island of employ-
ment, of present or former officers or employees of the
agency; provided that this provision shall not require the
creation of a roster of employees; and provided further
that this provision shall not apply to information regarding
present or former employees involved in an undercover
capacity in a law enforcement agency;
     (15) Information collected and maintained for the
purpose of making informa-tion available to the general
public; and
     (16) Information contained in or compiled from a
transcript, minutes, report, or summary of a proceeding
open to the public.
     (b) Any provision to the contrary notwithstanding, each
agency shall also disclose:
      (1) Any government record, if the requesting person has
the prior written consent of all individuals to whom the record
refers;

     (2) Government records which, pursuant to federal 
law or a statute of this State, are expressly authorized
to be disclosed to the person requesting access;

     (3) Government records pursuant to a showing
of compelling circumstances affecting the health or
safety of any individual;
     (4) Government records requested pursuant to
an order of a court;

     (5) Government records pursuant to a subpoena
from either house of the state legislature; and

     (6) Information from the motor vehicle registration
files, provided that the person requesting such files
shall have a legitimate reason as determined
by rules [L 1988, c 262, ptof§l; amL 1989, c 160, §3;
am L 1991, c 167, §1; am L 1992, c 185, §1]

§92F-13 Government records; exceptions to general rule. 

     This part shall not require disclosure of:

     (1) Government records which, if disclosed, would
constitute a clearly unwaffanted invasion of personal privacy;

     (2) Government records pertaining to the prosecution
or defense of any judicial or quasi-judicial action to which
the State or any county is or may be a party, to the extent
that such records would not be discoverable;

     (3) Government records that, by their nature, must be
confidential in order for the government to avoid the
frustration of a legitimate government function;

     (4) Government records which, pursuant to state or 
federal law including an order of any state or federal court,
are protected from disclosure; and

     (5) Inchoate and draft working papers of legislative 
committees including budget worksheets and unfiled 
committee reports; work product; records
or transcripts of an investigating committee of the
legislature which are closed by rules adopted pursuant to
section 21-4 and the personal files of members of the
legislature. [L 1988, c 262, Pt of §1; am L 1993, 
c 250, §11]

§92F-14 Clearly unwarranted invasion of personal privacy. 

     (a) Disclosure of a government record shall not 
constitute a clearly unwarranted invasion of

personal privacy if the public interest in disclosure outweighs
the privacy interests of the individual.

     (b) The following are examples of information in
which the individual has a significant privacy interest:
          (1) Information relating to medical, psychiatric,
or psychological history, diagnosis, condition, treatment,
or evaluation, other than directory information while an
individual is present at such facility:

          (2) Information identifiable as part of an investigation into a 
possible violation of criminal law, except to the extent that
disclosure is necessary to prosecute the violation or to continue
the investigation.

          (3) Information relating to eligibility for social services
or welfare benefits or to the determination of benefit levels;

          (4) Information in an agency's personnel file, or
applications, nominations, recommendations, or proposals
for public employment or appointment to a governmental
position, except:

            (A) Information disclosed under section 92F-12(a)(14); 
and
            (B) The following information related to employment 
misconduct that results in an employee's suspension or discharge:

              (i) The name of the employee;
              (ii) The nature of the employment-related
misconduct;
              (iii)  The agency's summary of the allegations
of misconduct;
              (iv)  Findings of fact and conclusions of law; and

              (v) The disciplinary action taken by the agency;
when the following has occurred: the highest non-judicial 
grievance adjustment procedure timely invoked by the
employee or the employee's representative has concluded; 
a written decision sustaining the suspension or discharge
has been issued after this procedure; and thirty calendar 
days have elapsed following the issuance of the decision; 
provided that this subparagraph shall not apply to a 
county police department officer with respect to misconduct
that occurs while the officer is not acting in the capacity of a
police officer;

     (5) Information relating to an individual's nongovernmental 
employment history except as necessary to demonstrate 
compliance with requirements for a particular government 
position;

     (6) Information describing an individual's finances, income, 
assets, liabilities, net worth, bank balances, financial history
or activities, or credit worthiness;

     (7) Information compiled as part of an inquiry into an 
individual's fitness to be granted or to retain a license, 
except:

          (A) The record of any proceeding resulting in the 
discipline of a licensee and the grounds for discipline;
          (B)  Information on the current place of employment
and required insurance coverages of licensees; and
          (C) The record of complaints including all dispositions;
and

     (8) Information comprising a personal recommendation
or evaluation. [L 1988, c 262, Pt of §1; am L 1993, c 191, §1]

§92F-15 Judicial enforcement. 

     (a) A person aggrieved by a denial  of
access to a government record may bring
an action against the agency at any time
within two years after the agency denial to
compel disclosure.
     (b) In an action to compel disclosure the
circuit court shall hear the matter de novo. 
Opinions and rulings of the office of information 
practices shall be admissible.

The circuit court may examine the government record
at issue, in camera, to assist in determining whether it,
or any part of it, may be withheld.
     (c) The agency has the burden of proof to 
establish justification for non-disclosure.
     (d) If the complainant prevails in an action 
brought under this section, the court shall assess 
against the agency reasonable attorney's fees 
and all other expenses reasonably incurred in
the litigation.
     (e) The circuit court in the judicial circuit in which
the request for the record is made, where the requested
record is maintained, or where the agency's headquar-
ters are located shall have jurisdiction over an action
brought  under this section.

     (f) Except as to cases the circuit court considers
of greater importance, proceedings before the court,
as authorized by this section, and appeals therefrom,
take precedence on the docket over all cases and
shall be assigned for hearing and trial or for argument
at the earliest practicable date and expedited in every
way. [L 1988, c 262, Pt of §1; am L 1989, C 192, §3]

§92F-15.5 Alternative method to appeal a denial of access. 

     (a) When an agency denies a person access to
a government record, the person may appeal the
denial to the office of information practices in accordance
with rules adopted pursuant to section 92F42(12). A
decision to appeal to the office of information practices
for review of the agency denial shall not prejudice the 
person's right to appeal to the circuit court after a decision
is made by the office of information practices.

     (b) If the decision is to disclose, the office of
information practices shall notify the person and the
agency, and the agency shall make the record 
available. If the denial of access is upheld, in 
whole or in part, the office of information practices
shall, in writing, notify the person of the decision, the
reasons for the decision, and the right to bring a 
judicial action under section 92F-15(a). [L 
1989, c 192, §1]

[§92F-16J Immunity from liability. 

Anyone participating in good faith in the disclosure or 
nondisclosure of a government record shall be 
immune from any liability, civil or criminal, that might
therwise be incurred, imposed or result from such acts
 or omissions. [L 1988, c 262, Pt of §1]

[§92F-17] Criminal penalties. 

     (a) An officer or employee of an agency
who intentionally discloses or provides a copy
of a government record, or any confidential
information explicitly described by specific 
confidentiality statutes, to any person or agency
with actual knowledge that disclosure is prohibited,
shall be guilty of a misdemeanor, unless a greater
penalty is otherwise provided for by law.


     (b) A person who intentionally gains access to or
obtains a copy of a government record by false 
pretense, bribery, or theft, with actual knowledge that
access is prohibited, or who intentionally obtains any 
confidential information by false pretense, bribery,
or theft, with actual knowledge that it is prohibited [by] a
confidentiality statute, shall be guilty of a misdemeanor.
[L 1988, c 262, pt of §1]

§92F-18 Agency implementation. 

     (a) Each agency shall:
       (1) Issue instructions and guidelines necessary 
to effectuate this chapter,' and
       (2) Take steps to assure that all its employees
and officers responsible for the collection, maintenance,
use, and dissemination of government records
are informed of the requirements of this chapter.
     (b) Each agency shall compile a public report
describing the records it routinely uses or maintains
using forms prescribed by the office of information

practices. The public reports shall be filed with the 
office of information practices on or before December
31. 1994. The public reports shall include:
       (1) The name and location of each set of records:
       (2) The authority under which the records are 
maintained;
       (3) The categories of individuals for whom records
are maintained;
       (4) The categories of information or data maintained
in the records;
       (5) The categories of sources of information in
the records;
       (6) The categories of uses and disclosures made
of the records;
       (7) The agencies and categories of persons outside
of the agency which routinely use the records;
       (8) The records routinely used by the agency which
are maintained by:

     (A) Another agency; or
     (B) A person other than an agency;
       (9) The policies and practices of the agency
regarding storage, retrievability, access controls, 
retentions, and disposal of the information 
maintained in records;
       (10) The title, business address, and business
telephone number of the agency officer or officers
responsible for the records;
       (11) The agency procedures whereby an individual
may request access to records; and
       (12) The number of written requests for access 
within the preceding year, the number denied, the number 
of lawsuits initiated against the agency under this part, 
and the number of suits in which access was granted.

     (c) Each agency shall supplement or amend its
public report, or file a new report, on or before July 1
of each subsequent year, to ensure that the information
remains accurate and complete. Each agency shall file
the supplemental, amended, or new report with the office
of information practices, which shall make the reports
available for public inspection. [L 1988, c 262, Pt of § 1; 
am L 1989, c 192, §4; am L 1991, c 167, §2; am L
1992, c 118, §2; am L 1993, c 57, §1]

§92F-19 Limitations on disclosure of government records to other agencies. 

     (a) No agency may disclose or authorize disclosure
of government records to any other agency unless the
disclosure is:
       (1) Necessary for the performance of the requesting
agency's duties and functions and is also:
       (A) Compatible with the purpose for which the 
information was collected or obtained; or
       (B) Consistent with the conditions or reasonable
expectations of use and disclosure under which the
information was provided;

       (2) To the state archives for the purposes of
historical  preservation, administrative maintenance,
or destruction;
       (3) To another agency, another state, or the
federal government, or foreign law enforcement agency 
or authority, if the disclosure is:
        (A) For the purpose of a civil or criminal law 
enforcement activity authorized by law; and
        (B) Pursuant to:
           (i) A written agreement or written request, or
           (ii) A verbal request, made under exigent 
           circumstances, by an officer or employee of the
           requesting agency whose identity has been verified,
           provided that such request is promptly confirmed in writing;

     (4) To a criminal law enforcement agency of this State,
another state, or the federal government, or a foreign
criminal law enforcement agency or authority, if the
information is limited to an individual's name and other
idcntifying particulars, including present and past
places of employment;

     (5) To a foreign government pursuant to an executive
agreement, compact, treaty, or statute;

     (6) To the legislature, or a county council, or any 
committee or subcommittee thereof;

     (7) Pursuant to an order of a court of competent
jurisdiction;
     (8) To authorized officials of another agency, 
another state, or the federal government for the purpose
of auditing or monitoring an agency program
that receives federal, state. or county funding;

     (9) To the offices of the legislative auditor, 
the legislative reference bureau, or the ombudsman 
of this State for the performance of their respective
functions;

     (10) To the department of personnel services,
county personnel agencies, or line agency personnel 
offices for the performance of their respective
duties and functions, including employee recruitment 
and examination, classification and compensation
reviews, the administration and auditing of personnel
transactions, the administration of training and 
safety, workers' compensation, and employee benefits
and assistance programs, and for labor relations purposes; or

     (11) Otherwise subject to disclosure under this chapter.
        (b) An agency receiving government records pursuant
to subsection (a) shall be subject to the same restrictions
on disclosure of the records as the originating agency. 
[L 1988, c 262, Pt of §1; am L 1993, c 250, §2]