Office of Information Practices

Now that we are halfway through the 2024 legislative session, the State Office of Information Practices (OIP) is providing this update of Sunshine Law and UIPA bills that have survived and crossed over to the other chamber.  Direct links to the bills are provided from the Legislature’s website at https://www.capitol.hawaii.gov/.

SUNSHINE LAW BILLS:

HB 1597, HD 1:  Establishes procedures to appeal an OIP decision under the Sunshine Law, which will be consistent with the procedures under the UIPA.

HB 1598, HD 1:  Requires board packets to be made available for public inspection at least two business days before a board meeting and allows public testimony to be distributed to the board before the meeting.

HB 1599, HD 1:  Requires meeting notices to state how to provide remote testimony so that the testifier, upon request, may be visible.

HB 1600, HD 1 and SB 2637, SD 2: Require a board’s decisionmaking meeting to be scheduled at least six days after an investigative PIG (permitted interaction group) reports its findings and recommendations.

HB 2482, HD 1: Removes requirements for the Lt. Governor or county clerks to post meeting notices at the Capitol or a central location and for boards to provide meeting notices to the LG or clerks.

SB 3171:  Removes requirements for the Lt. Governor or county clerks to post meeting notices at the Capitol or a central location, but retains the current requirement for boards to provide meeting notices to the LG or clerks.

UIPA BILLS:

HB 2460, HD 1:  Provides confidentiality for critical infrastructure information that is received or maintained by the Office of Homeland Security.

HB 2582, HD 1:  Provides confidentiality for information required by federal or state law that is collected or maintained by a county board of water supply for a critical infrastructure security and resiliency program, while retaining the UIPA requirement to provide historically public data that would not frustrate the need for confidentiality.

HB 1916, HD 1:  Amended to insert provisions of HB 386, HD 1, which prohibits the online posting of personal information of state and federal judges and other judicial staff, with the intent to intimidate or threaten injury, harm, or violence, or when the information would expose them to harassment or risk of harm to life or property.

SB 2686, SD 1:  Creates the new offense of unlawful publication of personal information that prohibits disclosures of personal information of certain public servants, including judges and elected officials, with the intent to cause reputational harm or emotional or bodily injury.  Also prohibits personal information of such persons from being disclosed or made publicly available upon written request, with limited exceptions that do not include disclosures made pursuant to the UIPA.

Two bills, which were widely opposed and similar to SB 3252, SD 2, HD 2, CD 1 that had been vetoed in 2022 by Governor David Ige and revived last session as HB 719, have not made this year’s crossover:  SB 2139, SD 1 and HB 1610, which would have capped UIPA fees and costs and provided a free public interest waiver for nonprofit media companies, but not for media companies acting primarily in the commercial interest.

Lastly, Governor Green today issued his Tenth Emergency Proclamation relating to the Maui wildfires, which continues the partial suspension of the Sunshine Law and is expected to be posted on this website.

For impartial and objective open government news, check OIP’s What’s New page at oip.hawaii.gov, sign up for OIP’s What’s New emailed articles at [email protected], or call (808) 586-1400 to speak to the Attorney of the Day.