Public records bill advances at Capitol

By Lynda Arakawa
Advertiser Capitol Bureau

A bill targeting "vexatious" requesters of public records received preliminary approval yesterday and is headed to the House and Senate chambers for final floor votes.

A House-Senate conference committee approved a draft of Senate Bill 3185, which would allow the state Office of Information Practices to declare someone a "vexatious requester," and limit that person's requests for certain government records.

Supporters of the bill say it is not aimed at the news media but at those whose repeated, frivolous requests tie up fax lines for hours and interfere with legitimate government functions. Office of Information Practices director Leslie Kondo, who supports the bill, estimated the bill could potentially affect a handful of people.

But open-government advocates say the definition of a "vexatious requester" is so broad and subjective, it could apply to people who have a legitimate interest in government accountability and performance.

Under the bill, an agency would have to show the Office of Information Practices that a person has a pattern of abusing the request process, and the person would be given a chance to respond.

The office would consider factors including whether the person has a pattern of making a large quantity or broad scope of requests, splitting requests to avoid or minimize fees, making duplicative or repetitive requests for the same action when the agency has already responded, requesting records for a purpose other than obtaining access to the records, abandoning request when the fee is not waived, and making requests that "only marginally promote the public interest."

If the office finds someone has met at least two of these factors, it may declare the person is a "vexatious requester" and place limits on the requester for two years.

A vexatious requester may ask the state ombudsman to review the office's action, and the person may appeal to the state Circuit Court.

Reach Lynda Arakawa at larakawa@honoluluadvertiser.com or at 525-8070.