Openline January-March 2000

Posted on Mar 1, 2000 in Newsletter

2000 Legislative Update: Bills Affecting Information Practices 
Office of Information Practices
Sunshine – Exemptions
Sunshine – Confidential

2000 Legislative Update:
Bills Affecting Information Practices
The Office of Information Practices reviews legislation and makes recommendations to the Legislature. One of the goals of the Uniform Information Practices Act (“UIPA”) is to provide for uniform legislation in the area of government information practices. To further this goal, the OIP monitors proposed legislation that has an impact on the UIPA and affects government’s practices in the collection, use, maintenance, and dissemination of information.

The OIP also tracks bills affecting the open meetings law, often referred to as the Sunshine Law. During the 2000 Regular Session of the Hawaii State Legislature, the Office of Information Practices has been monitoring 165 legislative proposals that could affect government information practices in Hawaii. The bills below have all crossed over from House to Senate, or Senate to House. For current information about their status, text of bills, and committee reports, consult the Legislature’s web site at www.

Office of Information Practices:

Moving OIP to the Legislature
S.B. 2353 makes the Office of Information Practices permanent. It also places it within the Office of the Ombudsman and makes an appropriation.

Sunshine – Exemptions:

Public Employee Health Benefits
H.B. 1869 creates an employer-union trust fund administered by a board of directors and held outside the state treasury. The board would not be subject to the notice requirements of the sunshine law. Creates a new exception to the open meetings requirement. (HD1)

High Technology Development Corporation
H.B. 2356 transfers the High Technology Development Corporation under the newly established High Technology Development Corporation. Creates a new exception to the open meetings requirement. (HD1)

Tobacco Statements
H.B. 2961 and S.B. 3179 would exempt from chapter 92F, HRS, monthly statements from cigarette importers to the Department of Taxation regarding foreign cigarette brands, supplier, etc. (HD2)

Hawaiian Home Lands Trust Individual Claims
S.B. 2110 establishes an individual Hawaiian Home Lands Trust Claims Compensation Commission to develop funding options to compensate successful claimants. Would exempt the commission from the sunshine law, chapter 92, HRS. (SD1)

Hawaii Insurance Exchange
S.B. 3193 creates Hawaii Insurance Exchange captive insurance company to replace the public employees health fund structure. Would exempt the subscriber’s committee and the attorney-in-fact of the Hawaii Insurance Exchange from the sunshine law, chapter 92, HRS. (SD1)

Sunshine – Confidential:

Agriculture Survey Results
H.B. 2801 requires the Department of Agriculture to conduct mandatory survey and sampling of Porcine Respiratory and Reproductive Syndrome in the swine industry. Survey results would be confidential. (HD1)

Reporters of Child Abuse
H.B. 3018 keeps confidential the identity of the person who makes a report of child abuse or neglect to the police department or the Department of Human Services

Working Papers of the Auditor
S.B. 3045 authorizes the Auditor to refuse disclosure of documents collected and developed in the course of the Auditor’s investigations under a working papers privilege. Limits the scope of waiver of the privilege only to documents that are disclosed. (SD1)


Executive Session; OIP
S.B. 2522 amends executive session notice requirements of open meetings law, requiring that a more specific reason be given for going into executive session. Also makes an appropriation for the Office of Information Practices. (SD1)

Ten Working Days to Respond to Requests
H.B. 2586 and S.B. 2927 clarify that agencies have ten working days from the date of receipt of the request by the agency to respond to a request for personal records under section 92F-23, HRS.

Open Meetings by Videoconference
H.B. 2583 and S.B. 2924 assist boards and commissions that are subject to chapter 92, HRS, in holding meetings by videoconference by eliminating a rulemaking requirement. Require that the meeting notice specify that the public may attend the videoconference meeting at any of the specified locations.

Copying Fees
S.B. 2523 places a 25-cent cap on government copying fees. Makes copying fees uniform throughout state and county agencies. (SD1)

State Internet Portal
H.B. 2497 and S.B. 2838 establish an oversight committee to be known as the Access Hawaii Committee to review and approve the development and operation of an Internet portal for electronic services.

Hate Crimes Data
S.B. 2429 provides a reporting mechanism to compile, track, and analyze hate crimes data. (SD1)


Informational Privacy
H.B. 1877 establishes the Hawaii Information Privacy Act. (HD1)

H.B. 1880 provides for county police to conduct mental health and criminal history inquiries on registered firearms owners every five years. (HD1)
S.B. 2151 requires that any physician, psychologist, or substance abuse counselor notify the chief of police when they treat any patient for drug abuse or mental conditions. Allows a health care provider or public health authority to disclose protected health information to the chief of police for the purpose of evaluating an individual’s request for a firearms permit or the re-registration of a firearm. (SD1)

Probation and Domestic Violence
S.B. 2069 authorizes probation officers to notify domestic violence victims, immediate family, their parents, or a victim advocate, when the defendant violates probation or when probation officers have information about the defendant relating to victim’s safety and welfare. (SD1)

Privacy of Health Care Information
S.B. 2254 clarifies the general rules regarding use and disclosure of protected health care information. (SD1)

Disclosure of Employee Records
S.B. 2859 deletes the restriction on employee organizations, which prohibits them from sharing or disclosing private information from an employee’s records. (SD1)

. . . and some that failed to cross over:

S.B. 2761 amends 92-12 and 92F-13, HRS. Adds an exception to 92F-13: an agency would not have to disclose government records that the agency maintains but did not originate.

H.B. 3000 establishes firearms owner identification card for acquiring firearms.

H.B. 385 provides a reporting mechanism to compile, track, and analyze hate crimes data. (HD1)

S.B. 3047 mandates that detailed information about criminal sex offenders be made available on the Internet.

H.B. 1769 allows a driver with a driver’s license that expires after January 1, 2002, to obtain a replacement license that does not display the driver’s social security number.

S.B. 2315 gives the individual person the choice of refusing to have that person’s social security number displayed on any card, form, electronic record, notice, poster or other medium that may be seen by a member of the public. Gives the person a private right of action with automatic mandatory penalty and attorney fees for violation of this section.