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1999 Legislative Wrap-Up
OIP Staff Update
During the 1999 Legislative Session, the Office of Information Practices
(OIP) reviewed 300 legislative initiatives for their effect on government
information practices. The bills listed below passed both houses
of the Legislature and most will, if enacted by the Governor, create
substantive changes in information practices in the State of Hawaii.
If the Governor has already signed a bill into law it has an act
number as well.
Health Care Information
Social Security Numbers
Photocopy Charges
Information Collection
Open Meetings
Other Bills and Resolutions
Health Care Information:
HB 351 HD2 SD1 CD1
Privacy of Health Care Information
Protects the privacy of health care information by stipulating conditions
under which patient information can be disclosed. The bill, as passed,
requests the Legislative Reference Bureau to study the question
of the most appropriate agency to enforce the law. It also provides
for adoption of rules by the OIP to implement the law. This bill
was developed by the Patient Records Confidentiality Task Force,
a group of representatives from the private sector and government
with the OIP acting as facilitator.
[Signed into law as Act 87 on June 23, 1999.]
HB 1138 HD1 SD2 CD1
Epidemiologic Investigations
Allows the Department of Health (DOH) to investigate significant
causes of illness which would threaten public health and safety.
The OIP advised that the bill should: (1) protect individuals' medical
information from public disclosure, unless the disclosure is in
the public's interest, and (2) provide that only necessary information
be collected. [Signed into law as Act 192 on July 2, 1999.]
SB 1032 SD1 HD2 CD1
Involuntary Psychiatric Treatment
Makes amendments to Chapter 344E, Hawaii Revised Statutes, which
pertains to patient medical records. The proposed changes being
monitored by the OIP were ultimately gutted, and SB 1032 CD1 now
creates a task force to study procedures for involuntary treatment.
[The Governor vetoed this bill on June 7, 1999.]
HB 440 HD 2 SD 2
Controlled Substances
Authorizes disclosure of investigative information regarding controlled
substances to health care professionals who are registered to administer,
prescribe, or dispense controlled substances to patients.
[Signed into law as Act 145 on June 28, 1999.]
Social Security Numbers:
HB 8 HD1 SD2
Social Security Numbers on Drivers' Licenses
Prohibits the use of social security numbers on Hawaii drivers'
licenses because of possible identity theft and fraudulent use of
social security numbers. Social security numbers will still be collected
on applications for licenses, but no driver's license issued or
renewed beginning January 1, 2001, will display the driver's social
security number on the license. The OIP testified in support of
this bill.
[Signed into law as Act 269 on July 6, 1999.]
Photocopy Charges:
SB 646 SD 2 HD 3 CD 1
Photocopy Charges and Other Matters
This bill, among other things, lowers the photocopy charge for government
records from not less than 50 cent to not less than 5 cents per
page, effective July 1, 1999. The OIP testified in support of this
measure, because open government and public access to government
records are enhanced by lower photocopy costs.
[Signed into law as Act 160 on June 28, 1999.]
SB 1016 SD 1 HD 1
Administrative Rules
Enhances public access to administrative rules and the rulemaking
process by lowering the charge for proposed and final rules and
notices of proposed rulemaking actions to a maximum fee of 10 cents
per page, plus the actual cost of mailing. It also requires state
agencies to make proposed rules available on the Internet, beginning
January 1, 2000.
[Signed into law as Act 301 on July 7, 1999.]
Information Collection:
HB 266 HD2 SD2 CD1
New Mothers Breastfeeding
Prohibits discrimination in the work place against nursing mothers.
The OIP monitored this bill because the Hawaii Civil Rights Commission
is charged with compiling and publishing data on instances of discrimination
in the workplace associated with breastfeeding or the expressing
of breast milk. The OIP is in the process of drafting administrative
rules on standards of information collection practices pursuant
to statutory mandate.
[Signed into law as Act 172 on July 1, 1999.]
HB 252 HD2 SD2 CD1
Degree Granting Institutions
Prohibits unaccredited institutions from issuing degrees and conducting
business in Hawaii unless they comply with certain standards. The
OIP monitored this bill because it contained references to maintenance
of student records.
[Signed into law as Act 171 on July 1, 1999.]
Open Meetings:
SB 953 SD2 HD2 CD1
Natural and Cultural Resources
The original version of this bill would have created the Hawaii
Environmental Authority, and allowed its board of directors to conduct
executive meetings "to enable the board to respect the proprietary
requirements of enterprises with which it has business dealings."
The OIP opposed that version of the bill because it created a new
exception to the open meeting requirements of Chapter 92, Hawaii
Revised Statutes, commonly referred to as the "Sunshine Law."
Exceptions to the open meeting requirements that are placed outside
of Chapter 92, Hawaii Revised Statutes, would be unknown to persons
unfamiliar with that law.
In addition, the OIP strongly believes that any proposed
changes to the Sunshine Law should be made via a bill relating to
the Sunshine Law so that persons unfamiliar with the legislative
process will still have the opportunity to testify. The Sunshine
Law amendments were ultimately removed from the bill.
[The Governor vetoed this bill on June 7, 1999.]
HB 996 Act 49
Meetings of State and County Boards
Under Act 49, agencies may conduct closed meetings to decide upon
matters in which information required to be confidential by law
must be considered. The OIP supported this bill because it resolves
the conflict between the Sunshine Law and specific confidentiality
statutes. [Signed into law as Act 49 on April 26, 1999.]
HB 221 HD2 SD1 CD1
Hawaii Tourism Authority
Would have allowed the Hawaii Tourism Authority to make documents
confidential for 18 months or more at its discretion, in part by
amending the UIPA. This bill also proposed to amend the Sunshine
Law. The public and government agencies did not have the opportunity
to testify on these proposed amendments. The OIP expressed its concerns
about this bill. As a result, the Governor vetoed this bill on May
27, 1999.
Other Bills and Resolutions:
HB 1119 HD1 SD1 CD1
Child Protective Services
Improves child protective services, in part by requiring a Reform
Coordinating Committee to create pilot project reports. The OIP
opposed the language in the bill that would make the reports available
only to "interested community groups." The OIP asked that
the Legislature make the reports open to all members of the public
unless there was a specific reason to keep the reports confidential,
except to interested community groups. The bill was passed without
the OIP's suggested changes.
[Signed into law as Act 116 on June 23, 1999.]
SB 1051 SD 2 Act 34
Child Protective Services
Authorizes the Department of Human Services to disclose records
relating to child abuse or neglect in accordance with its rules,
as required by federal law or regulation.
[Signed into law as Act 34 on April 23, 1999.]
HB 32 HD 2 SD2 CD 1
Industrial Hemp Research
An early draft of this bill contained a provision deeming all agronomic
data derived from industrial hemp research proprietary in nature
and not subject to disclosure under the UIPA. The OIP presented
testimony and monitored this bill to make it consistent with provisions
of the UIPA, and the confidentiality provision was subsequently
deleted.
[Signed into law as Act 305 on Juuly 7, 1999.]
HB 661 HD3 SD2 CD1
Enhanced Wireless Emergency 911 Service
Based upon the OIP's recommendations, certain provisions in this
bill were further restricted to limit confidentiality provisions
to only information that is proprietary in nature.
[The Governor vetoed this bill on June 7, 1999.]
HB 1179 Act 9
Commercial Marine Licenses
Non-substantive changes were made to a section of Hawaii Revised
Statutes that makes aggregate and summary information public. No
changes were made by the Legislature to the access provisions of
the statute. The OIP tracks these types of bills to ensure that
access to public information is not closed off without sound reason.
[Signed into law as Act 9 on April 6, 1999.]
SB 588 SD1 HD1
Sex Offenders
Under this bill, agencies that oversee the treatment of sex offenders
must disclose to each other, upon request, sex offenders' criminal,
parole, medical, and psychological records. At the OIP's suggestion,
the Legislature required that agencies' sharing of these records
must be only for purposes of sex offender treatment and community
supervision and that agencies document certain information about
the records that are shared.
[Signed into law as Act 95 on June 24, 1999.]
HCR 196 and HR 180
Privacy of Personal Information
These resolutions ask the OIP to coordinate a study of current protections
of the privacy of personal information and commercial use of personal
information, and to submit proposed legislation to the 2000 legislative
session. The OIP testified in support of these resolutions.
[HCR 196 was adopted on April 26, 1999; HR 180 was adopted on April
15, 1999.]
OIP Staff Update
The Office of Information Practices welcomes Nancy Henderson, the
new Secretary to the Director. Nancy comes to the OIP after ten
years as a staffer in the State Legislature. She misses her friends
in the Senate, but is looking forward to conquering the fiscal challenges
in the office. Nancy, who attended Kalani High School, enjoys hanging
out with her family, golfing, and Hawaiian quilting.
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