Hawaii Legislature passes “vexatious requester” law

HOWEVER, MEASURE’S SCOPE AND INTENT HAVE BEEN DILUTED

by Sharon Rondeau

Native Hawaiian palm trees are called "loulu" and can grow to 90 ft. or more in height

(May 1, 2010) — On Tuesday, the Hawaii legislature passed SB2937/CD1, which amends the state UIPA law to allow for a state agency to refuse the release of government records under certain circumstances.

While the “report title” of the amended section still refers to the bill as “Information Practices; Vexatious Requests,” the wording from earlier versions of the bill is substantially different.

According to The Hawaii Reporter, the bill is not among a list of 250 bills passed during the recent legislative session which Governor Linda Lingle is opening up to public scrutiny and comment.

The original proposed amendment to the existing UIPA law, dated January 28, 2010, was directed at allowing a state agency to deny the requests of those deemed to be “vexatious requesters.”  It listed seven situations which could result in the decision to label a person “vexatious.”  However, it allowed for a review of such a decision by the ombudsman as part of an appeal process by the requester.

Text from the February 25, 2010 version retained the focus on “vexatious requesters” and the seven factors used to determine whether or not a person fell into that category, but it eliminated the appeal process to the ombudsman.

A more recent, but not final, version of the bill was amended to focus on “duplicative requests,” thereby eliminating the seven factors mentioned in previous versions.  Instead, five conditions which might allow an agency not to respond to a request were listed.

The latest amendment which passed both legislative chambers and is awaiting the governor’s signature states that a state agency does not have to respond to a request for information if the same request had been made within the last year by the same individual.  It does not mention the term “vexatious requester” except in the “Report Title” listed at the end of the amendment, and the five conditions are reduced to three.

16 Responses to "Hawaii Legislature passes “vexatious requester” law"

  1. SapphireSunday   Monday, May 3, 2010 at 4:54 PM

    Obama is trying to argue that WH visitor logs are not subject to FOIA requests, even though courts have already ruled that they are:

    http://www.judicialwatch.org/news/2010/apr/obama-justice-department-tells-court-shield-white-house-visitor-logs-full-disclosure-a

    Apparently, Obama’s peeps argue that somebody who wants to see the logs ought to just go to the WH website and make a request and then Obama will decide at that point whether to honor the request or not.

    This reminds me of the language that once was in the vexatious requester bill in Hawaii, where they wanted people to show up in person, with ID, and have their photos taken while viewing the information. Do you think the WH helped write the Hawaiian bill?

    The most transparent administration in history, and all this goes on under the radar. Now if thise were GWB . . .

  2. Noway2no   Monday, May 3, 2010 at 4:53 PM

    How bout’ a vexatious politician law?

    These people have no honor or self respect, I am ashamed for them since they obviously have none of their own. Did (and do they still) think that they could keep this hidden? And they would ride the coat tails of a usurper to power?

    Look at the mess they have caused. Was it really that important that Barry Soetoro live in the white House?

    Dear Lord we need your help!

  3. Poetry Critic   Monday, May 3, 2010 at 2:52 PM

    I think Mobamba was just teasing us here. But it is the MEAN KIND of teasing where he knows it just GETS ON OUR LAST NERVE! He will be just careful enough to say it where he can always say BUT I WAS JUST JOKING! OH, he is a grunty little malebeast who knows how to push a woman’s buttons.

    PoetryCritic

  4. Poetry Critic   Monday, May 3, 2010 at 2:03 AM

    Yes he does! Mobamba is stupid that way. It is part of a Mobamba trick to throw everybody off the track. DON’T FALL FOR IT!

    Poetry Critic

  5. Rob   Sunday, May 2, 2010 at 3:16 PM

    This is how they made Obama’s birth certificate?

  6. jane   Sunday, May 2, 2010 at 1:22 PM

    He thinks joking defuses treason?
    Wow.

  7. kj   Sunday, May 2, 2010 at 11:21 AM

    Off topic:

    Obama quipped at press dinner, “I happen to know that my approval ratings are still very high in the country of my birth.” Would you consider his approval ratings “very high” in the United States? Which “country” was he talking about?
    ——————-
    Mrs. Rondeau replies: Good point, especially because his favorability rating here is now below 50%, which can hardly be called “very high.” So he must be admitting that he was born someplace else!

  8. Bob1943   Sunday, May 2, 2010 at 9:51 AM

    Thank you Rob,

    WOW, I had not seen the information at the link you provided:

    http://www.youtube.com/watch?v=f2-2E65uFHM

    I recommend everyone watch this very informative YouTube presentation:

  9. ilene g   Saturday, May 1, 2010 at 9:04 PM

    My question is an easy one.
    To: Sharon Rondeau, Reading carefully the last paragraph-”
    The latest amendment which passed both legislative chambers and is awaiting the governor’s signature states that a state agency does not have to respond to a request for information if the same request had been made within the last year by the same individual. It does not mention the term “vexatious requester” except in the “Report Title” listed at the end of the amendment, and the five conditions are reduced to three.”
    Is it worth consideration that Linda Lingle (R) could NOT sign it?
    —————-
    Mrs. Rondeau replies: Anything is possible. The bill is not listed as vetoed nor signed, nor is it in the list of those being opened up to public discussion. However, the Hawaii legislature has an overwhelming veto-proof Democrat majority, so it is presumably something they would push forward into law with or without the governor’s signature.

  10. epicurious   Saturday, May 1, 2010 at 7:42 PM

    The DoH stopped responding to UIPA requests weeks ago in anticipation of the passage of this law. The question really if is are going to finish requests that were received or in-process before the law goes into effect.

    We need to focus our engeries elsewhere. The DoH is a dead end.

  11. epicurious   Saturday, May 1, 2010 at 7:37 PM

    This bill takes effect as soon as it passes across RINO Lingle’s desk. Monday, Tuesday at the latest.

  12. James   Saturday, May 1, 2010 at 6:53 PM

    The clock is ticking! We have 2 months before the Hawaii DOH closes the door on any knowledge of Obama’s Hawaiin Birth forever. Let’s make those days count.

  13. James   Saturday, May 1, 2010 at 6:19 PM

    The Law will go into effect in July of 2010 from my understanding. This leaves only 2 months to hit Hawaii DOH will everything we can muster. Attempts to get information from Hawaii DOH should be expedited. Once July comes, it will likely be next to impossible to get anything out of Hawaii DOH. We should make it a goal to send 5000 requests to Hawaii DOH of the period of the next 2 months.

  14. Rob   Saturday, May 1, 2010 at 4:03 PM

    “Fraud in the USA: The end of the birth certificate controversy.”

  15. Sharing thoughts   Saturday, May 1, 2010 at 1:58 PM

    HAWAII TOURISM BOYCOT
    California and other states are planning a boycot of

    Arizona’s new immigration law…

    How about a HAWAII TOURISM BOYCOT. Sign a pledge not to

    spend vacation dollars in Hawaii, until they honor their

    state “Freedom of Information Act”, and release Obama’s

    records. The pledges need to be sent to business owners

    in Hawaii, not to Hawaii Department of Health or Hawaii

    Congress, who have rejected previous attempts.

  16. jtx   Saturday, May 1, 2010 at 1:29 PM

    That all sounds like an ex post facto “get out of jail free” card!!

    Nothin’ like a bunch of corrupt pols … even at the state level. They can “earn their spurs” there and then try to retire in DC as many of their ilk have done.

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