Title 8, Public Proceedings And Records

§93-12 Annual reports. All annual reports that are or shall be required to be submitted by a state agency to the governor or another state agency, shall be submitted on a fiscal year basis; provided that the governor may prescribe other due dates for annual reports when the fisca…

§93-15 Legislative journals; sale and distribution. Each house of the legislature shall be responsible for the publication, sale, and distribution of their respective legislative journals. The speaker of the house of representatives and the senate president shall: (1) Fix the pri…

[§93-16] Publication and distribution of reports. (a) Notwithstanding any other statute, law, charter provision, ordinance, or rule to the contrary, whenever a government agency is required to submit a report to the legislature, the report shall be: (1) Available in printed form;…

§93-2 Definitions. "Publication" means informational matter produced for public distribution or access in any tangible medium, originating or produced with the imprint of, by the authority of, or at the total or partial expense of any agency of the State or a county government. "…

§93-3 Deposit of publications. Upon release of a publication, every state and county agency shall immediately deposit two paper copies, and one electronic copy in a format prescribed by the state librarian, with the state publications distribution center and one paper copy with t…

§93-4 Depository library system. The state librarian shall designate at least one government publications depository in each county and shall distribute to each depository one copy of each publication, as defined in this part. [L 1965, c 175, pt of §2(b); Supp, §13-23; HRS §93-4]

[§93-4.5] Notification when electronic publications posted. Every state and county agency shall immediately notify the state publications distribution center with identification and location information for each electronic publication made available on a public networked informat…

§94-1 Duties of department. The department of accounting and general services shall collect all public archives; preserve, arrange, describe, and inventory the same; provide for their safekeeping; and compile and furnish information concerning them. The department may adopt and u…

[§94-1.1] Definitions. For the purposes of this chapter, unless the context clearly indicates otherwise: "Disposition" means actions resulting in the transfer to the state archives or destruction of records as documented in the records retention and disposition schedule or other …

[§94-1.2] The state archivist. The department of accounting and general services shall fulfill its responsibilities for the public archives through the state archivist. The state archivist shall: (1) Administer the state archives, records management, and digital archives programs…

§94-3 Disposal of government records generally. (a) Each public officer, except public officers of the judiciary and the legislative branch of government, having the care and custody of any government records shall submit to the state comptroller a list of records for disposition…

§94-4 Certificate to same. The comptroller of the State and the state archivist or other officer performing the duties of state archivist or custodian of the state archives are severally authorized and empowered to certify, as true and correct, copies or reproductions of any of t…

§94-5 Disposal of examination records. All statutory boards or commissions authorized or empowered to hold examinations for candidates or applicants shall preserve all records of each examination, including, without prejudice to the generality of the foregoing, applications, ques…

§94-7 Access to restricted records in the state archives. Historical records which are transferred to the state archives shall be retained for posterity and title shall vest in the state archives. All restrictions on access to government records which have been deposited in the s…

[§94-8] State archives preservation and long-term access special fund; state archives preservation fee. (a) There shall be established in the state treasury the state archives preservation and long-term access special fund for the preservation of and long-term access to governmen…

§96-1 Definitions. (a) "Agency" includes any permanent governmental entity, department, organization, or institution, and any officer, employee, or member thereof acting or purporting to act in the exercise of the officer's, employee's, or member's official duties, except: (1) Th…

§96-10 Powers. Subject to the privileges which witnesses have in the courts of this State, the ombudsman may: (1) Compel at a specified time and place, by a subpoena, the appearance and sworn testimony of any person who the ombudsman reasonably believes may be able to give inform…

§96-11 Consultation with agency. Before giving any opinion or recommendation that is critical of an agency or person, the ombudsman shall consult with that agency or person. [L 1967, c 306, §12; HRS §96-11]

§96-12 Procedure after investigation. If, after investigation, the ombudsman finds that: (1) A matter should be further considered by the agency; (2) An administrative act should be modified or canceled; (3) A statute or regulation on which an administrative act is based should b…

§96-13 Publication of recommendations. After a reasonable time has elapsed, the ombudsman may present the ombudsman's opinion and recommendations to the governor, the legislature, the public, or any of these. The ombudsman shall include with this opinion any reply made by the age…

§96-14 Notice to the complainant. After a reasonable time has elapsed, the ombudsman shall notify the complainant of the actions taken by the ombudsman and by the agency. [L 1967, c 306, §15; HRS §96-14; gen ch 1985]

§96-15 Misconduct by agency personnel. If the ombudsman has a reasonable basis to believe that there may be a breach of duty or misconduct by any officer or employee of an agency, the ombudsman may refer the matter to the appropriate authorities without notice to that person. [L …

§96-16 Annual report. The ombudsman shall submit to the legislature and the public an annual report discussing the ombudsman's activities under this chapter. [L 1967, c 306, §17; HRS §96-16; gen ch 1985]

§96-17 Judicial review, immunity. No proceeding or decision of the ombudsman may be reviewed in any court, unless it contravenes the provisions of this chapter. The ombudsman has the same immunities from civil and criminal liability as a judge of this State. The ombudsman and the…

§96-18 Agencies may not open letters to ombudsman. A letter to the ombudsman from a person held in custody by an agency shall be forwarded immediately, unopened, to the ombudsman. [L 1967, c 306, §19; HRS §96-18]

§96-19 Penalty for obstruction. A person who willfully hinders the lawful actions of the ombudsman or the ombudsman's staff, or willfully refuses to comply with their lawful demands, shall be fined not more than $1,000. [L 1967, c 306, §20; HRS §96-19; gen ch 1985]

§96-2 Ombudsman; office established, appointment, tenure, removal, qualifications, salary, vacancy. The office of ombudsman is established. The legislature, by a majority vote of each house in joint session, shall appoint an ombudsman who shall serve for a period of six years and…

§96-3 Assistance, staff, delegation, funding. (a) The ombudsman shall appoint a first assistant and other officers and employees as may be necessary to carry out this chapter. All employees, including the first assistant, shall be hired by the ombudsman and shall serve at the omb…

§96-4 Procedure. The ombudsman may establish procedures for receiving and processing complaints, conducting investigations, and reporting the ombudsman's findings. However, the ombudsman may not levy fees for the submission or investigation of complaints. [L 1967, c 306, §5; HRS …

§96-5 Jurisdiction. The ombudsman has jurisdiction to investigate the administrative acts of agencies and the ombudsman may exercise the ombudsman's powers without regard to the finality of any administrative act. [L 1967, c 306, §6; HRS §96-5; gen ch 1985]

§96-6 Investigation of complaints. (a) The ombudsman may investigate any complaint which the ombudsman determines to be an appropriate subject for investigation under section 96-8. (b) The ombudsman may investigate on the ombudsman's own motion if the ombudsman reasonably believe…

§96-7 Notice to complainant and agency. If the ombudsman decides not to investigate, he shall inform the complainant of that decision and shall state his reasons. If the ombudsman decides to investigate, he shall notify the complainant of his decision and he shall also notify the…

§96-8 Appropriate subjects for investigation. An appropriate subject for investigation is an administrative act of an agency which might be: (1) Contrary to law; (2) Unreasonable, unfair, oppressive, or unnecessarily discriminatory, even though in accordance with law; (3) Based o…

§96-9 Investigation procedures. (a) In an investigation, the ombudsman may make inquiries and obtain information as the ombudsman thinks fit, enter without notice to inspect the premises of an agency, and hold private hearings. (b) The ombudsman is required to maintain secrecy in…

§97-1 Definitions. When used in this chapter: "Administrative action" means the proposal, drafting, consideration, amendment, enactment, or defeat by any administrative agency of any rule or other action governed by section 91-3. "Administrative agency" means a commission, board,…

§97-2 Registration of lobbyists, requirements. (a) Every lobbyist shall file a registration form with the state ethics commission within five days of becoming a lobbyist. (b) Each lobbyist shall provide and certify the following: (1) The name, mailing address, and business teleph…

[§97-2.2] Mandatory lobbyist training. (a) Before registering pursuant to section 97-2, each lobbyist shall complete the lobbyist training course administered by the state ethics commission. (b) Registered lobbyists shall repeat the lobbyist training course required by this secti…

§97-2.5 Renewal of registration. Each registered lobbyist shall renew the lobbyist's registration biennially by filing a registration and authorization form with the state ethics commission within ten days of the opening of the 1983 regular session of the legislature and on every…

§97-3 Contributions and expenditures; statement. (a) The following persons shall file a statement of expenditures with the state ethics commission on March 31, May 31, and January 31 of each year and within thirty days after adjournment sine die of any special session of the legi…

§97-4 Manner of filing; public records. All statements required by this chapter to be filed with the state ethics commission: (1) Shall be filed electronically with the state ethics commission using an electronic filing system, or any other forms and methods established by the st…

§97-5 Restricted activities. (a) No lobbyist shall accept or agree to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action. During any regular session or special session of the legislature, including …

[§97-5.5] Unlawful gifts by lobbyists. (a) It shall be unlawful for a lobbyist or any person or entity required to file a statement of expenditures under section 97-3 to make a gift to a legislator or employee that is prohibited by section 84-11 or title 21, chapter 7 of the Hawa…

§97-6 Administration. (a) The state ethics commission shall administer and implement this chapter, and shall have the following powers and duties: (1) Initiate, receive, and consider charges and other information, on a confidential basis, concerning alleged, possible, or potentia…

§97-7 Penalties; administrative fines. (a) Any person or entity that: (1) Negligently fails to file any statement or report required by this chapter; (2) Negligently files a statement or report containing false information or material omission of any fact; (3) Engages in activiti…

[§97-8] Presumption of lobbying on behalf of private clients. [Section effective January 1, 2027.] Any individual with a substantial ownership interest in or a paid employee, officer, or director of an organization, who actively participates in lobbying activities that directly b…

[§97-9] Contracts voidable. [Section effective January 1, 2027.] In addition to any other penalty provided by law, any contract or other action entered into by the State in violation of this chapter shall be voidable on behalf of the State; provided that in any action to void a c…