Hawaii Uniform Information Practices Act

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State laws
How to ask for records
Transparency headlines
Statutory changes
Notable FOIA requests
State Open Meeting Laws
State sunshine lawsuits
State court cases
E-mail access
Private agency, public dollars
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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] 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] Public Records

"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] 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."[5]

[edit] Proposed changes

Main article: Proposed reforms in state sunshine laws, 2009

[edit] House

House Bill 496 [6] seeks to require the legislature to follow the sunshine law. Companion bill is SB 681.

House Bill 1088 [7] Expands ability of a board or commission to facilitate public meetings through available interactive conferencing technology. Companion bill is SB 906.

House Bill 1146 [8] 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 [9] Authorizes the electronic filing of meeting notices on the state calendar. Companion bill is SB 966.

House Bill 1530 [10] 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 [11] would apply the "sunshine law" law to administrative and other nonjudiciary functions of the judiciary. Companion bill is SB677.

[edit] Senate

Senate Bill 496 [12] 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 [13] would apply the "sunshine law" law to administrative and other nonjudiciary functions of the judiciary. Companion bill is HB1596.

Senate Bill 681 [14] seeks to require the legislature to follow the sunshine law. Companion bill is HB 496.

Senate Bill 906 [15] Expands ability of a board or commission to facilitate public meetings through available interactive conferencing technology. Companion bill is HB 1088.

Senate Bill 966 [16] Authorizes the electronic filing of meeting notices on the state calendar. Companion bill is HB 1148.

Senate Bill 1646 [17] 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 [18] 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] Who May Request Hawaii Records?

Anyone may file a request for public records in Hawaii. Governmental agencies "upon request by any person" shall make available public records. [19]

For requester residency requirements in other states, see the list of who can make public record requests by state.

[edit] Relevant legal cases

[edit] See also

[edit] External links

[edit] References

  1. ↑ Integrity Index available for download here
  2. ↑ Graded state responsiveness to FOI requests, 2007
  3. ↑ Freedom of Information in the USA, 2002
  4. ↑ Hawaii Revised Statutes UIPA
  5. ↑ Hawaii Revised Statutes Sunshine Law
  6. ↑ Text of HB 496
  7. ↑ Text of HB 1088
  8. ↑ Text of HB 1146
  9. ↑ Text of HB 1148
  10. ↑ Text of HB 1530
  11. ↑ Text of HB 1596
  12. ↑ Text of SB 496
  13. ↑ Text of SB 677
  14. ↑ Text of SB 681
  15. ↑ Text of SB 906
  16. ↑ Text of SB 966
  17. ↑ Text of SB 1646
  18. ↑ Text of SB 1658
  19. ↑ Uniform Information Practices Act, 92F-11
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