From Attorney Brian Black of the Civil Beat Law Center:    March 10, 2015

Below is the list of crossover open government bills that the Law Center continues to track and a description (updated as needed).

• H.B. 287:  (UIPA) Recognizes privacy interest for records that create a substantial and demonstrable risk of physical harm to an individual; originally Judiciary Package—response to U Memo 15-3 and U Memo 14-11 (concerning disclosure of judge’s birthdates)—but significantly modified in House
• H.B. 461/S.B. 472:  (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
• S.B. 140:  (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
• S.B. 419:  (Sunshine) Permits neighborhood board members to attend and participate in 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
• S.B. 465:  (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; Committee Report:  intent to overturn Kanahele regarding board members exchanging position papers
• S.B. 475:  (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
• S.B. 652:  (Sunshine) Requires boards to report on discussion and final actions taken in executive session unless it would defeat purpose of the executive session
• S.B. 1194:  (Records) State lobbyist filings must be electronically filed and posted on Internet
• S.B. 1208:  (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

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PDF: List of Transparency/Open Government Bills Introduced