Office of Information Practices

The state Office of Information Practices (OIP) has been tracking 108 bills during this 2017 legislative session and testified on 26 of them.  Here are important bills of interest to the open government community concerning the Uniform Information Practices Act (UIPA) and Sunshine Law, which have survived last Friday’s First Lateral deadline and would have to be moved out of committee before the next important deadline on March 3, 2017.

Bills concerning both the UIPA and Sunshine Law:

SB 478 and HB 325, Relating to Government Records, and SB 448 and HB 308, 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.

SB 312, SD 1 and HB 991, HD 1, Relating to Open Government, and HB 165 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 1, Relating to Public Agency Meetings:  Allows Sunshine Law boards to keep their minutes as an audio or video recording, provided that a written summary of the recording shall accompany them.

HB 327, SB 480, and SB 1034, Relating to Community Meetings:  Allow any number of county council members to attend informational meetings under HRS 92-2.5(e).

HB 1383 and SB 1209, Relating to the Sunshine Law, and HB 952 and SB 860, Relating to Public Meetings:  These bills would remove the limit on the number of Sunshine Law board members that can discuss board leadership positions.

UIPA bills:

SB 572 and HB 951, Relating to Information Practices:  For uniformity and consistency, allows OIP to adopt additional rules regarding the UIPA that agencies must follow.

SB 245, SD 1, and HB 988, 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.

SB 421, SD 1, Relating to Law Enforcement Cameras:  Establishes retention and use guidelines for videos taken with body and vehicle cameras by law enforcement officers.

SB 424 and HB 456, 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.  To be added to OIP’s e-mail list, please e-mail [email protected].  Also, if you would like to receive What’s New articles or attachments in a different format, please contact OIP at (808) 586-1400 or [email protected].