Office of Information Practices

Today is the deadline for the first cross-over of bills to the non-originating body.  Of the important open government legislation being tracked by the Office of Information Practices (OIP), the following bills that may impact the Uniform Information Practices Act (UIPA) or the Sunshine Law are still alive and have already crossed over to the other house of the Legislature.

Bills concerning both the UIPA and Sunshine Law:

SB 478, SD 1, Relating to Government Records, and HB 308, HD 1, Relating to Public Agency Meetings:  Apparently in response to Kanahele v. Maui County Council, 130 Haw. 229, 307 P.3d 1174 (2013), these bills would create a new permitted interaction that would allow Sunshine Law board members to share with each other memos and government records deemed public under the UIPA, so long as no commitment to vote or additional discussion is included in the transmittal by board members, the records are promptly filed in the board’s office, and the meeting notice identifies where members of the public may obtain copies of the records.

SB 312, SD 2, Relating to Open Government, and HB 165, HD 1, Relating to Public Meetings:  These bills generally require 1) Sunshine Law meeting notices to be posted on state and county electronic calendars; 2) meeting minutes, in draft or final form, to be posted on state and county websites; and 3) public access to board packets after redaction of personal or confidential information protected by the UIPA.

Sunshine Law bills:

SB 1277, SD 2, Relating to Public Agency Meetings:  Allows Sunshine Law boards to keep their minutes in analog or digital means, provided that the recording is accompanied by a written summary that includes any significant actions taken by the board, and the recording is made available within ten days after the meeting, except for minutes of executive meetings.

UIPA bills:

SB 572, SD 1, Relating to Information Practices:  For uniformity and consistency, allows OIP to adopt additional rules regarding the UIPA that agencies must follow.

SB 245, SD 2, Relating to Government Records:  In light of Molfino v. Yuen, 134 Haw. 181 (2014), this bill would establish a duty to exercise reasonable care in maintaining government records, with damages capped at $2,000 per violation.

SB 421, SD 2, Relating to Law Enforcement Cameras:  Establishes retention, use and public disclosure guidelines for videos taken with body cameras by law enforcement officers, and provides grants-in-aid to county police departments to purchase body cameras.

SB 424, SD 1 and HB 456, HD 1, Relating to Public Safety:  Requires disclosure under the UIPA of a police officer’s personnel file after a second suspension in a five-year period.

HB 1518, HD 1, Relating to Public Records:  Establishes procedures to deal with extreme situations involving vexatious requesters under the UIPA.

The bills can be found on the Legislature’s website at capitol.hawaii.org.  For the latest open government news, you can check for archived copies of What’s New articles, which are posted at oip.hawaii.gov or can be e-mailed upon request by
e-mailing [email protected].  Also, if you would like to receive What’s New articles or attachments in a different format, please e-mail or contact OIP at (808) 586-1400.