Cap fees associated with search and reproduction of public records

The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the Senate Committee on Government Operations on Jan. 28, 2025.
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Jan. 28, 2025, 3 p.m.
Hawaii State Capitol
Conference Room 225 and Videoconference

To: Senate Committee on Government Operations
       Sen. Angus McKelvey, Chair
       Sen. Mike Gabbard, Vice Chair

From: Grassroot Institute of Hawaii
             Ted Kefalas, Director of Strategic Campaigns

TESTIMONY IN SUPPORT OF SB406 — RELATING TO COPYING FEES

Aloha Chair McKelvey, Vice-Chair Gabbard and other members of the Committee,

The Grassroot Institute of Hawaii would like to offer support for SB406, which would cap the cost of reproducing government records at five (5) cents per page, sheet or fraction thereof, with exceptions.

As an educational research organization and public watchdog group, the Grassroot Institute of Hawaii often uses open-records requests to research and analyze critical policy matters. Our Uniform Information Practices Act requests run the gamut, from permitting to budget documents.

Some agencies are generous and forthcoming, but that is not always the case. Thus, we have encountered a significant bar to greater transparency, namely the use of high search and reproduction costs as a strategy to discourage the pursuit of UIPA requests.

By capping reproduction costs at five cents per page, SB406 would help address part of this issue. However, we urge the Committee to consider adding additional limits to the search, review and segregation costs, which are currently set by the state Office of Information Practices at $2.50 per 15-minute increment of searching time and $5 per 15-minute increment of review and segregation time.

In addition, the Committee should also consider adding a broad waiver to all fees when the request is in the public interest. These additions would make a strong statement in favor of greater openness and transparency.

Thank you for the opportunity to testify.

Ted Kefalas
Director of Strategic Campaigns
Grassroot Institute of Hawaii

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