Office of Information Practices

Two UIPA bills are on the list of bills that Governor David Ige may veto:  S.B. 3252, S.D. 2, H.D. 2, C.D. 1 relating to Public Records and S.B. 3172, S.D. 1, H.D. 2, C.D 1 relating to Public Agency Meetings.  Not on the veto list are two Sunshine Law bills:  H.B. 2026, H.D. 2, S.D. 1 relating to Chapter 92, HRS, and  S.B. 3219. H.D. 1, C.D. 1 relating to the Sunshine Law.  The bills were previously described in What’s New articles on May 5, 2022 and April 29, 2022.

While the Governor has until July 12, 2022 to actually veto bills, the ones not on his veto list will go into effect with or without his signature.  Notably, OIP anticipates that H.B. 2026 will go into effect on July 8, 2022 if the Governor signs it on that date, so boards should prepare immediately to implement the new oral testimony requirement and board packet deadline.  As described in the May 5 What’s New article, this bill would prohibit boards from taking oral testimony only at the beginning of a board’s agenda or meeting.  If board packets are prepared, then there is a new deadline for the public version of the board packet to be made available for public inspection in the board’s office no later than 48 hours before the meeting time.  The bill also creates a new permitted interaction that allows a board to submit legislative testimony based on a statement regarding a position previously adopted by the board, with several restrictions requiring the online posting of the position, testimony, and written drafts and communications among board members about the statement.

The other bill not on the veto list is S.B. 3219, which has a stated effective date of July 1, 2022.  The bill provides that board members in a remote meeting would not have to identify minors 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.

One of the bills that may be vetoed by the Governor is S.B. 3172, which eliminates recorded minutes and requires complete written minutes for every meeting.  If the board makes an electronic recording of the meeting, the bill requires the minutes to contain time stamps and links to the recording, and it also requires the board to maintain and post the recording.

The other bill on the veto list is S.B. 3252, which places caps UIPA fees and copying charges and provides a fee waiver for requests made in the public interest.  It also provided two additional positions and funding for OIP, which unfortunately will not materialize if the bill is vetoed.