2011 Legislative Bills

There are many media-related issues at this year�s Legislature

The Shield Law that allows reporters to protect the identity of their sources is up for renewal. Bill removes the sunset date of the law.
There is a push to hide the salaries and names of government employees and police officers.
The Legislature is talking about holding publications or even people who post comments on social media liable for any injuries suffered by people who are enticed to go to remote locations.
Lawmakers again are considering allow government board members to attend meetings of other groups or community associations.
Consumer complaints would become secret until adjudicated.

But lawmakers are also considering:

Limiting the copying costs of government documents to 10 cents per page
Empowering the Office of Information Practices to fine agencies for violations.
Requiring boards give a statement of action taken in an executive session.

SHIELD LAW

Moving to conference committee:

Senate Judiciary Committee amends the measure, which makes the Shield Law permanent, and extends it until June 30, 2013. The committee requires a report from the Judiciary's Standing Committee on Rules of Evidence.

HB1376.DOC HB1376 Status http://www.capitol.hawaii.gov/session2011/Bills/HB1376_.pdf http://www.capitol.hawaii.gov/session2011/Bills/HB1376_.pdf
Context: ...The legislature finds that Act 210, Session Laws of Hawaii 2008 (Act 210), established a limited news media privilege against the compelled disclosure of sources and unpublished information to ...be repealed on June 30, 2011. The purpose of this Act is to make the news media privilege permanent by repealing the scheduled sunset of Act 210. ...Report Title: News Media Privilege; Evidence Description: Makes permanent the limited news media

MEETINGS

ALLOWS BOARD MEMBERS TO ATTEND COMMUNITY MEETINGS

Passed by full House to Senate
Senate Judiciary holds bill

HB109.DOC HB109 Status http://www.capitol.hawaii.gov/session2011/Bills/HB109_.pdf http://www.capitol.hawaii.gov/session2011/Bills/HB109_.pdf
Context: ...and to establish procedures to prevent business discussions between subgroups of officials in private meetings. The legislature recognizes that there are many public gatherings and community events ...the investigation and the scope of each member's authority are defined at a meeting of the board; (B) All resulting findings and ...recommendations are presented to the board at a meeting of the board; and (C) Deliberation and decisionmaking ...on the matter investigated, if any, occurs only at a duly noticed meeting of the board held subsequent to the meeting at which the findings ...

McKELVEY: Allows the participation by 2 or more members of a public policy deliberative body: (1) in a public gathering or community event not tied to matters currently under official deliberation or pending action; and (2) in professional association conferences and professional development activities with a publicly accessible report of their activities.

APPLICATION OF SUNSHINE LAW TO OTHER AGENCIES; POSTING OF AGENDAS; EXECUTIVE SESSIONS

meetings law.

No hearing held in Senate Judiciary Committee:
SB130.DOC SB130 Status http://www.capitol.hawaii.gov/session2011/Bills/SB130_.pdf http://www.capitol.hawaii.gov/session2011/Bills/SB130_.pdf
Context: ...A BILL FOR AN ACT relating to public agency meetings. BE IT ENACTED BY THE LEGISLATURE OF THE STATE ...now to dramatically improve the situation. In expressing the purpose underlying the open meetings sunshine law and the uniform information practices act, the legislature found ...jurisdiction or advisory power over specific matters and which is required to conduct meetings and to take official actions. [(2)] ...Chance meeting" means a social or informal assemblage of two or more members ...

CHUN OAKLAND: Requires open meetings to apply to nonadjudicatory functions of boards of the judiciary.

Referred to Judiciary Committee

House passes to the Senate
Semate Judiciary holds bill:

HB549.DOC HB549 Status http://www.capitol.hawaii.gov/session2011/Bills/HB549_.pdf http://www.capitol.hawaii.gov/session2011/Bills/HB549_.pdf
Context: ...A BILL FOR AN ACT relating to public agency meetings. BE IT ENACTED BY THE LEGISLATURE OF THE STATE ...The board shall give written public notice of any regular, special, or rescheduled meeting, or any executive meeting when anticipated in advance. The notice ... that lists all of the items to be considered at the forthcoming meeting[,]; the date, time, and place of ...the meeting[,]; and in the case of an executive meeting,...

Approved by House Judiciary Committee 2/1 sent to House Finance Committee

TOKIOKA: Requires notice of state board meetings to be posted on the central State of Hawaii internet website and eliminates the requirement that notice be filed in the office of the lieutenant governor.

Heading to conference committee:

HB640.DOC HB640 Status http://www.capitol.hawaii.gov/session2011/Bills/HB640_.pdf http://www.capitol.hawaii.gov/session2011/Bills/HB640_.pdf
Context: ...A BILL FOR AN ACT RELATING TO PUBLIC AGENCY MEETINGS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE ...HAWAII: SECTION 1. Section 92-4, Hawaii Revised Statutes, is amended to read as follows: "§92-4 Executive meetings. (a) A board may hold an executive meeting closed ...to the public upon an affirmative vote, taken at an open meeting, of two-thirds of the members present; provided the affirmative vote ...constitutes a majority of the members to which the board is entitled. A meeting closed to the public shall be limited to matters exempted by section ...

2/1 Approved by House Judiciary. Board report action after executive session

BELATTI: Requires any action taken in an executive meeting be reported when the board reconvenes at the open meeting.

RECORDS

MAKES CONSUMER COMPLAINTS SECRET

House passes to Senate
Senate Consumer Protection Commitee holds measure:

HB1141.DOC HB1141 Status http://www.capitol.hawaii.gov/session2011/Bills/HB1141_.pdf http://www.capitol.hawaii.gov/session2011/Bills/HB1141_.pdf
Context: ...A BILL FOR AN ACT relating to the uniform information practices Act. BE IT ENACTED BY THE LEGISLATURE OF ...A department or agency may establish rules pursuant to chapter 91 that define the information to be disclosed to the general public; provided that the provisions ...of this chapter related to privacy shall apply to any information released to the public pursuant to this section." SECTION ...subsection (b) to read as follows: "(b) The following are examples of information in which the individual has a significant privacy interest: (...

SAY: Clarifies circumstances under which complaints submitted to departments and agencies shall be made available to the public

MAKES PUBLIC EMPLOYEE PAY INFORMATION SECRET

Recommended for passage, but fails to passSenate Judiciary Committee in 2-2 vote

SB1094.DOC SB1094 Status http://www.capitol.hawaii.gov/session2011/Bills/SB1094_.pdf http://www.capitol.hawaii.gov/session2011/Bills/SB1094_.pdf
Context: ...notwithstanding, each agency shall make available for public inspection and duplication during regular business hours: (1) Rules of procedure, substantive rules ...persons holding licenses or permits granted by an agency that may include name, business address, type of license held, and status of the license;...The [name, compensation (but only the salary range for employees covered by or included in chapter 76, and ...sections 302A-602 to 302A-640, and 302A-701, or bargaining unit (8)),] salary range (but the actual compensation for employees covered by or described ...
Filesize: 16698
Electronic File Date: 1/22/2011 1:33:22 AM

Removes the name and pay of government employee from public record.

MISCELLANEOUS

Holds publications liable if they print information about remote locations and people are injured going there.

House passes to Senate
Senate Tourism Committee amends measure to require only a task force report.
Senate Judiciary Committee holds bill:

HB548.DOC HB548 Status http://www.capitol.hawaii.gov/session2011/Bills/HB548_.pdf http://www.capitol.hawaii.gov/session2011/Bills/HB548_.pdf
Context: ...to trespass; and (2) Exempt private property owners or legal occupiers of land from liability for trespassers' injury or death. SECTION 2. Chapter 663,...new section to be appropriately designated and to read as follows: "§663- Visitor guide liability. (a) Any author or publisher of a visitor ...Report Title: Visitor Guide Publications; Websites; Liability Description: Holds authors and publishers of visitor websites and publications liable to ...death as a result of being enticed to trespass; exempts property owners from liability. The summary description of legislation appearing on this page ...

The purpose of this bill is to hold responsible the authors or publishers of visitor guide websites or publications that encourage, invite, or attract persons, who in reliance thereon, commit the offense of criminal trespass when entering or remaining on remote private property to experience an attraction or activit y thereon by:

(1) Making the author or publisher civilly liable for injury or death resulting therefrom; and

(2) Exempting the owner or occupier of the private land from liability for any injury or death of any trespasser.

The bill also expands the offense of criminal trespass in the second degree to include a person who enters or remains, without permission, on unimproved or used private lands that are secured in a manner to exclude intruders or have "Private Property" or "No Trespassing" signs.
The Hawaii Tourism Authority; Hawaii Farm Bureau Federation; Maui County Farm Bureau; Hawaii Cattlemen's Council, Inc.; Maui Cattlemen's Association; Maui Hotel & Lodging Association; Poipu Beach Resort Association; Grove Farm Company, Inc.; and numerous individuals testified in support of this measure. The Hawaii Association for Justice opposed this measure. Kauai Visitors Bureau, Fathom Five Divers, Inc., and several concerned individuals submitted comments.

Your Committee has amended this bill by:

(1) Before attaching civil liability to the author or publisher, requiring that they must have knowingly or negligently encouraged or invited the person onto privately owned land that is not open to the public;

(2) Rather than exempting the owner or occupier of the land from liability, requiring the website or publication to defend and indemnify them from any liability arising from the death or injury of the intruders;

(3) Deleting references to criminal trespass