Hawaii Uniform Information Practices Act
From Sunshine Review
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The Hawaii Uniform Information Practices Act (UIPA) is the law that governs access to public records in Hawaii. The law was first enacted in 1975.
The Hawaii Sunshine Law legislates the methods by which public meetings are conducted.
[edit] Recent news
[edit] Transparency blocking
- E-mail public documents get erased, disappear
- State records law does not require retention of e-mail
- Lingle keeps lid on Superferry records
More transparency blocking news from across the country.
[edit] Litigation
More FOIA litigation news from across the country.
[edit] Legislation
More FOIA legislation news from across the country.
[edit] Sunshine Guardians
No recent news. If you have news add it here
Other Sunshine Guardians from across the country.
[edit] Transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Hawaii #3 in the nation with an overall percentage of 62.30%. [1]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Hawaii 44 points out of a possible 100, a letter grade of "F", and a ranking of 29 out of the 50 states.[2]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Hawaii's law as the 28th worst in the country, giving it a letter grade of "D+".[3]
[edit] Features of the law
"In a democracy, the people are vested with the ultimate decision-making power. Government agencies exist to aid the people in the formation and conduct of public policy. Opening up the government processes to public scrutiny and participation is the only viable and reasonable method of protecting the public's interest. Therefore the legislature declares that it is the policy of this State that the formation and conduct of public policy—the discussions, deliberations, decisions, and action of government agencies—shall be conducted as openly as possible."[4]
[edit] What records are covered?
Records include all materials maintained in government offices and agencies. Exemptions include:
- Records that constitute an invasion of privacy with the exception that:
- No record can constitute an invasion of privacy if the public benefit gained outweighs the individual benefit gained form privacy[5]
- records of current judicial proceedings of which the agency receiving the request is a part
- "Government records that, by their nature, must be confidential in order for the government to avoid the frustration of a legitimate government function" [5]
- "Inchoate and draft working papers of legislative committees including budget worksheets and unfiled committee reports; work product; records or transcripts of an investigating committee of the legislature which are closed by rules adopted pursuant to section 21-4 and the personal files of members of the legislature" [5]
[edit] What agencies are covered?
All administrative agencies are covered including committees and any established owned or managed on behalf of the state. It does however exclude the judiciary as it is a non-administrative function.
[edit] Who may request records?
Public records are open to inspection by "any person" [5]
[edit] Must a purpose be stated?
Hawaiian law does not require the statement of a purpose.
[edit] How can records be used?
There is nothing in the UIPA that restricts the use of open records.
[edit] Time allowed for response
- See also: Request response times by state.
Hawaiian law allows for 10 business days to respond to records requests.
[edit] Fees for records
Hawaiian law does not outline details about fees. However, it does require agencies to provide facilities for duplication and memorandum creation.
[edit] Open meetings
"In a democracy, the people are vested with the ultimate decision-making power. Governmental agencies exist to aid the people in the formation and conduct of public policy. Opening up the governmental processes to public scrutiny and participation is the only viable and reasonable method of protecting the public's interest. Therefore, the legislature declares that it is the policy of this State that the formation and conduct of public policy - the discussions, deliberations, decisions, and action of governmental agencies - shall be conducted as openly as possible."[6]
[edit] Proposed changes
- Main article: Proposed reforms in state sunshine laws, 2009
[edit] House
House Bill 496 [7] seeks to require the legislature to follow the sunshine law. Companion bill is SB 681.
House Bill 1088 [8] Expands ability of a board or commission to facilitate public meetings through available interactive conferencing technology. Companion bill is SB 906.
House Bill 1146 [9] would allow board or committee members to hear public testimony and presentations scheduled for a public meeting even if the meeting is canceled due to lack of quorum.
House Bill 1148 [10] Authorizes the electronic filing of meeting notices on the state calendar. Companion bill is SB 966.
House Bill 1530 [11] would allow fees for public records to be waived if the Office of Information Practices judges that it would serve the public interest. Companion bill is SB 1646.
House Bill 1596 [12] would apply the "sunshine law" law to administrative and other nonjudiciary functions of the judiciary. Companion bill is SB677.
[edit] Senate
Senate Bill 496 [13] Clarifies the functions, duties, and roles of the charter school review panel in the administration and operation of charter schools, and improves fiscal and budgetary accountability. Clarifies that the panel is subject to the requirements of the sunshine law.
Senate Bill 677 [14] would apply the "sunshine law" law to administrative and other nonjudiciary functions of the judiciary. Companion bill is HB1596.
Senate Bill 681 [15] seeks to require the legislature to follow the sunshine law. Companion bill is HB 496.
Senate Bill 906 [16] Expands ability of a board or commission to facilitate public meetings through available interactive conferencing technology. Companion bill is HB 1088.
Senate Bill 966 [17] Authorizes the electronic filing of meeting notices on the state calendar. Companion bill is HB 1148.
Senate Bill 1646 [18] would allow fees for public records to be waived if the Office of Information Practices judges that it would serve the public interest. Companion bill is HB 1530.
Senate Bill 1658 [19] Makes clarifying amendments related to permissible interactions of board members and notice requirements of continued board meetings.
The status of these bills can be followed here: Hawaii State Legislature Bill Status and Documents.
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Hawaii. For more information go the page or go to Hawaii sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
| Lawsuit | Year |
|---|---|
| Burnham Broadcasting Co. v. County of Hawaii | 1992 |
| Kamakana v. City & County of Honolulu | 2006 |
[edit] Notable requests
[edit] See also
[edit] External links
- Hawaii Office of Information Practices
- Open Government Guide to Hawaii
- Past articles on Hawaii
- Hawaii's Open Records Law - UIPA booklet
- Find the Sunshine Law booklet here
[edit] References
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