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Sunday, February 1, 2015
SB27 SB31: Short Form Bills on Transparency -- OHA's Trojan Horse?
By Andrew Walden @ 8:24 PM :: 5950 Views :: Ethics, OHA

by Andrew Walden

Legislators are introducing dozens of 'sunshine' and 'transparency' related bills, some of which are already receiving committee hearings. 

Thursday was the last day to introduce bills and the Office of Hawaiian Affairs has not reintroduced Sen Brickwood Galuteria's sunshine law/UIPA exemption bill.  But Senator J Kalani 'Powdernose' English, a former cocaine dealer with a long history of questionable ethical dealings, has introduced to 'short form' bills SB27 'on information practices' and SB31 'on Sunshine Law'.  Obviously the intent is to run these bills through second reading without any actual content, then attempt to place Galuteria's OHA-exemption language inside them. 

Any legislator who votes for a secret bill on 'sunshine' or 'information practices' is obviously unfit to serve in the legislature.  Start making a list now.

SB27 and SB31 have passed first reading, (usually a formality) each with a single referral to the Senate Judiciary Committee which is chaired by Gil Keith-Agaran and Vice Chaired by Maile Shimabukuro.  Will the trio of English, Keith-Agaran, and Shimabukuro be able to carry OHA's ball now that it has been dropped by Galuteria (who is the only returning Democrat with no committee assignments in the Senate) and the removed Senators Hee and Solomon?  English certainly has the type of ethical background suited for OHA work and Keith-Agaran has the arrogance.   

Newly elected OHA Trustees Chair Bob Lindsey began his term by suing the State Office of Information Practices.  He then proceeded to demand that Hawai'i Free Press quit reporting on his financial relationship with Sen Brickwood Galuteria.  We refused his request for censorship.

Attorney Brian Black of the Civil Beat Law Center has provided media and transparency advocates with a complete list of transparency-related bills.

Link: PDF

Bill/Companion Bills

Introducer(s)

Referrals

Current Status

Description

HB 97

SB 369

Choy

Taniguichi (by request)

HED, JUD

HEA, JDL

First Reading (House)

First Reading (Senate)

Sunshine: No noticeable difference with HB 974 & SB 1143

HB 131

SB 840

Souki

Kidani, Wakai, Dela Cruz, Espero, Galuteria, Inouye, Nishihara, Riviere

CPC, JUD

JDL/CPN

CPC hearing (2/4)

First Reading (Senate)

UIPA: Expands mandatory disclosure under HRS § 92F‑14(b)(7) for licensee information to include records concerning requisite experience, completion of relevant exams, and evidence of adequate bonding

HB 150;

SB 135

Souki

Keith-Agaran (by request)

CPC, JUD

JDL

CPC hearing (2/4)

First Reading

(Senate)

Sunshine: Permits a board member to distribute to other board members a document subject to the mandatory disclosure provision of the UIPA (HRS § 92F‑12), so long as the transmittal does not seek commitment to a vote on board business

HB 202

SB 410

Souki (by request)

Kim (by request)

JUD

PSM, JDL

First Reading (House)

First Reading (Senate)

Sunshine: Council members may attend and speak at non-board meetings; County of Maui Package

HB 287

SB 427

Souki (by request)

Kim (by request)

JUD

JDL

First Reading (House)

First Reading (Senate)

UIPA: Adds new exception to UIPA for records that likely to result in physical harm to an individual or cause “harm, embarrassment, inconvenience, or unfairness to an individual”; Judiciary Package—may be response to U Memo 15-3 and U Memo 14-11 (concerning disclosure of judge’s birthdates)

HB 292

SB 431

Souki (by request)

Kim (by request)

JUD

JDL

First Reading (House)

First Reading (Senate)

UIPA: Exempts judge’s personal information from disclosure; Judiciary Package—may be response to U Memo 15-3 and U Memo 14-11 (concerning disclosure of judge’s birthdates)

HB 313

SB 419

Souki (by request)

Kim (by request)

JUD

PSM, JDL

First Reading (House)

First Reading (Senate)

Sunshine: Permits neighborhood board members to attend non-board presentations concerning board business if open to public, no fee is charged, not organized specifically for the board, and no member commits to vote on any issue; City & County of Honolulu Package

HB 317

SB 420

Souki (by request)

Kim (by request)

JUD

PSM, JDL

First Reading (House)

First Reading (Senate)

Sunshine: Excludes neighborhood boards from Sunshine; City & County of Honolulu Package

HB 322

SB 723

Souki (by request)

Baker, Chun Oakland, English, Espero, Riviere, Wakai, Ruderman, Taniguchi

JUD

PSM, JDL

First Reading (House)

First Reading (Senate)

Sunshine: Permits county council members to attend and speak at non-Sunshine events so long as event open to public

HB 369

SB 149

Numerous

Keith-Agaran (by request)

JUD, FIN

JDL

First Reading (House)

First Reading (Senate)

Sunshine: Adds references to public participation to intent of Sunshine Law; requires advance access to documents to be considered by the board; requires board to accept public testimony on any topic within board’s jurisdiction; requires board accept oral testimony after initial board deliberation, but before vote; restricts board’s ability to limit oral testimony; codifies OIP Op. No. 02-06 that board minutes must be disclosed after 30 days regardless of board approval

UIPA: Adds reference to “documents under discussion” to intent of UIPA

HB 461

SB 472

Souki, Luke, Saiki

Keith-Agaran

FIN

JDL, WAM

First Reading (House)

First Reading (Senate)

OIP: Transfers OIP from Lt. Gov. to DAGS; provides OIP more autonomy in staffing and procurement; permits OIP to contract for legal counsel independent of the AG’s office

HB 567

SB 1194

LoPresti, Mizuno, Keohokalole, Rhoads, San Buenaventura

Shimabukuro, Riviere

JUD, FIN

JDL

First Reading (House)

First Reading (Senate)

Records: State lobbyist filings must be electronically filed and posted on Internet

HB 728

McKelvey, Belatti, Evans, Luke, Woodson

HLT, CPC/JUD

First Reading (House)

UIPA (portion): Adds a UIPA exemption to 92F‑13 for “de-identified claims data” newly required by the bill

HB 786

SB 140

Woodson, Mizuno, Rhoads, San Buenaventura

Keith-Agaran, English, Shimabukuro, Wakai

JUD, FIN

JDL

First Reading (House)

JDL hearing (1/27)—Deferred

UIPA: Imposes duty on agencies to exercise reasonable care in the maintenance of government records; response to Molfino v. Yuen, No. SCWC-10-150 (Haw. Nov. 13, 2014)

OIP opposes in current form because of broad definition of government record under UIPA

HB 790

SB 1208

Oshiro

Keith-Agaran

LAB, JUD

JDL

First Reading (House)

First Reading (Senate)

Sunshine: Grants Employees’ Retirement System permission to hold executive sessions to discuss investments or potential investments that concern proprietary or confidential business information, to discuss procurement decisions, to discuss authority of negotiators for investment or sale of property, and to consider draft reports under “deliberative process privilege”

HB 974

SB 1143

Souki (by request)

Kim (by request)

HED, JUD

HEA/JDL, WAM

First Reading (House)

First Reading (Senate)

Sunshine: Permits UH to promulgate rules by Sunshine meeting, rather than Chapter 91, when the rules concern inventory, equipment, surplus property or expenditures management; defining residence for tuition purposes; the state higher education loan fund; the Fong and Long scholarship programs; and parking fees; Governor Package

HB 986

Say

 

First Reading (House)

OIP: No noticeable difference with HB 461 & SB 472

HB 1023

SB 1205

Saiki (by request)

Chun Oakland

WAL, JUD, FIN

HSH/JDL, WAM

First Reading (House)

First Reading (Senate)

Sunshine (portion): HCDA must hold open meeting before approving any lease for 10 years or more

HB 1067

Kawakami, Ichiyama, Kong, McKelvey, Morikawa, Oshiro, Say, Woodson

JUD

First Reading (House)

Sunshine: No noticeable difference with HB 202 & SB 410

HB 1173

SB 465

Yamashita

Keith-Agaran, Baker, Dela Cruz, English, Ruderman

JDL

First Reading

(House)

First Reading (Senate)

Sunshine: Permits a board member to distribute to other board members a document subject to the mandatory disclosure provision of the UIPA (HRS § 92F‑12), so long as no commitment to a vote on board business; comparable to HB 150 & SB 135 with no purpose clause and modified language regarding commitment to vote

HB 1260

SB 1322

LoPresti, Brower, Evans, Ichiyama, Kobayashi, Lee, Mizuno, Jordan, Kong, San Buenaventura

Ihara, Inouye, Keith-Agaran, Slom

 

First Reading (House)

Introduced (Senate)

Sunshine: Requires boards to provide public access to board packets before meeting; board agendas must be posted on Internet; requires boards to give electronic notice of meetings when requested; minutes, even if unapproved, must be posted on Internet after 30 days; suit to void board action for Sunshine violation may be brought 10 days after OIP final decision; only allows attorney’s fees for a prevailing complainant

UIPA: Agencies must assist requesters in finding records and overcoming obstacles to access; search, review, and segregation fees must be waived for public interest requests

Other: Any public notice required by law must be posted on government website, in addition to publication in newspaper

HB 1303

McDermott

 

First Reading (House)

UIPA: Prohibits government agencies from charging another agency for records

SB 9

Ihara

JDL

First Reading (Senate)

Sunshine: Requires legislature hold public hearings prior to adoption of rules concerning open meeting requirements; requires legislature hold a recorded vote whenever it waives a rule or procedure

SB 27

English

JDL

First Reading (Senate)

UIPA: Short form bill on information practices

SB 31

English

JDL

First Reading (Senate)

Sunshine: Short form bill on Sunshine Law

SB 246

Ihara

JDL

First Reading (Senate)

UIPA: Adds mandatory disclosure for official daily calendar of governor, lieutenant governor, state department head, or state agency head

SB 475

Keith-Agaran, Ihara, Shimabukuro, Tokuda

JDL

First Reading (Senate)

Sunshine: Requires posting agendas on Internet; automatically cancels meeting if agenda not posted on Internet within 6 days of meeting; requires boards to provide agendas by electronic mail when requested

SB 497

Thielen, Baker, Espero, Ruderman, Kim, Shimabukuro

PSM, JDL

First Reading (Senate)

UIPA: Requires mandatory disclosure for police disciplinary suspension records

SB 523

Numerous

GVO/EDT, JDL/WAM

First Reading (Senate)

Access: Establishes a fair access commission to evaluate access to government proceedings, information, and services in rural Oahu and the neighbor islands

SB 624

Ihara, Dela Cruz, Riviere

JDL

First Reading (Senate)

Sunshine: Applies limited Sunshine principles to the Legislature

SB 652

Ihara, Keith-Agaran, Chun Oakland, Espero, Thielen

JDL

First Reading (Senate)

Sunshine: Requires boards to report on final actions taken in executive session unless it would defeat purpose of the executive session

SB 658

Ihara

JDL, WAM

First Reading (Senate)

OIP: Replaces OIP with Information Practices Commission

SB 659

Ihara

GVO, JDL

First Reading (Senate)

Records: Requires State agencies to maintain a record retention schedule with DAGS

SB 784

Shimabukuro, Chun Oakland, Ihara

JDL

First Reading (Senate)

Sunshine: Requires agendas be posted on Internet in manner that complies with disability requirements; requires agendas provide contact information for requesting disability accommodations

SB 823

Kidani, Dela Cruz, Wakai

HEA, JDL

First Reading (Senate)

Sunshine: UH Regents prohibited from meeting in executive session to discuss performance of UH president or campus chancellor

SB 1015

Ruderman, Harimoto, Ihara, Inouye

JDL

First Reading (Senate)

Sunshine (portion): Elections Commission meetings subject to open meetings requirement (HRS § 92‑3)

SB 1210

Keith-Agaran, Baker, English

JDL

First Reading (Senate)

Sunshine: Less than quorum of board may discuss board business so long as no commitment to vote

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