LEGISLATURE POISED TO REVISE OPEN GOVERNMENT LAWS

Posted on Apr 29, 2022 in Featured, What's New

The Hawaii State Legislature is poised to pass laws revising the Uniform Information Practices Act (UIPA) (Chapter 92F, HRS) and Sunshine Law (Part I of Chapter 92, HRS). On April 28, 2022, conference committees passed out the following bills, which are pending final vote by both chambers of the Legislature.

S.B. 3252, S.D. 2, H.D. 2, C.D. 1 relating to Public Records: Effective July 1, 2023, the final bill places caps on what agencies can charge for fees for record requests made under the UIPA and for copying costs under HRS section 92-21, and it requires the waiver of all fees for requests made in the “public interest.” In the meantime, the bill provides appropriations and positions for OIP to work on administrative rules in conformance with the substantive changes that will go into effect next year.

S.B. 3172, S.D. 1, H.D. 2, C.D 1 relating to Public Agency Meetings: Effective October 1, 2022, complete written minutes are required for every meeting and Sunshine Law boards no longer will have the option to provide recorded minutes accompanied by written summaries. A board that makes an electronic audio or video recording of a meeting must post a copy online and maintain it indefinitely, and its written minutes for that meeting must link to the recording and also provide time stamps indicating when in the recording the board began discussion of each agenda item. These requirements do not require boards to electronically record meetings, and they apply only when a board has electronically recorded its meeting.

S.B. 3219. H.D. 1, C.D. 1 relating to the Sunshine Law: Effective July 1, 2022, board members in a remote meeting would not have to identify minors (under age 18) who are present with them, unless a minor has a personal business, property, or financial interest on any issue before the board at the meeting.

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