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2000 Legislative Update: Bills Affecting Information
Practices
Office of Information Practices
Sunshine - Exemptions
Sunshine - Confidential
Sunshine
Privacy
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. Capitol.hawaii.gov.
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)
Sunshine:
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)
Privacy:
Informational Privacy
H.B. 1877 establishes the Hawaii Information Privacy Act. (HD1)
Firearms
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.
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