Hawaii legislature enacts record request protections during emergencies

February 05, 2025 | Introduced, Senate, 2025 Bills, Hawaii Legislation Bills, Hawaii


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Hawaii legislature enacts record request protections during emergencies
Hawaii Senate Bill SB353, introduced on February 5, 2025, aims to enhance transparency and accountability during emergency declarations by prohibiting the suspension of public record requests. The bill amends Chapter 127A of the Hawaii Revised Statutes, ensuring that the governor or mayor cannot delay responses to requests for public records or vital statistics, even during emergencies.

Key provisions of SB353 include a clear mandate that agencies must not reject record requests, regardless of emergency status, although reasonable delays may occur under extenuating circumstances. The bill also introduces a new definition of "severe warning," encompassing notifications from various public authorities regarding imminent dangerous conditions, such as tsunamis or hurricanes.

The legislation has sparked notable discussions among lawmakers and advocacy groups. Proponents argue that maintaining access to public records is crucial for government accountability, especially during crises when transparency is paramount. Critics, however, express concerns about the potential burden on agencies during emergencies, suggesting that the requirement could hinder their ability to respond effectively to urgent situations.

The implications of SB353 are significant, as it seeks to balance the need for public access to information with the operational realities faced by government agencies during emergencies. Experts suggest that the bill could set a precedent for similar legislation in other states, emphasizing the importance of transparency in governance.

As the bill progresses through the legislative process, its future remains uncertain. Stakeholders are closely monitoring developments, anticipating potential amendments that could address concerns raised during discussions. If passed, SB353 could reshape the landscape of public record access in Hawaii, reinforcing the principle that transparency should not be compromised, even in times of crisis.

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This article is based on a bill currently being presented in the state government—explore the full text of the bill for a deeper understanding and compare it to the constitution

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