The public has access to most of Hawaii’s legislative processes and documents. But in practice, some records that would facilitate the most transparency are exempt from disclosure laws.

Hawaii scored a C- in the State Integrity Investigation for Legislative Accountability, tying it for 14th among the 50 states.

The state got a 71 percent overall mark for Legislative Accountability. Leading the pack was Tennessee. Hawaii tied for 14th with New Hampshire, Kentucky and West Virginia. Maine came in last.

Overall, the State Integrity Investigation ranked Hawaii 10th after Civil Beat reporters researched 330 “Corruption Risk Indicators” across 14 categories of government. (Click here to learn more about the methodology used for the project.)

Bottom line: Many of the legislative records that would facilitate the most transparency, such as preliminary budget worksheets, are exempt from disclosure laws.

Here’s the basis for the C- grade. Each day we’ll print a different question and the criteria used to come up with a grade for each question. It’s your turn to evaluate whether Civil Beat got it right and to share what you think should be done to improve the situation. Share your comments at the bottom of this story.

Here’s the last of five questions the State Integrity Investigation asked about Legislative Accountability.

Can citizens access legislative processes and documents??

Overall score: 75%

Here are the criteria Civil Beat used to answer that question and what we found.

1. In law, citizens can access records of legislative processes and documents.

Notes: Located in the state Capitol, the Public Access Room provides resources for the public to participate in the legislative process. State law provides that government records are open to the public, but some records are exempt from disclosure. For example, draft working papers of legislative committees and confidential records that may frustrate government functions.

Sources:

Hawaii Revised Statutes, Chapter 21G Public Access. Visit http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0021G/HRS_0021G-.htm for details.

Also see Chapter 92F Uniform Information Practices Act. Part II. Freedom of Information. §92F-11 Affirmative agency disclosure responsibilities, §92F-12 Disclosure required, §92-F-13 Government records; exceptions to the general rule. Visit http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0092F/HRS_0092F-0011.htm and http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0092F/HRS_0092F-0012.htm and http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0092F/HRS_0092F-0013.htm for details.

Score: 100%

Scoring criteria: These are the scoring criteria for this question.
Yes: A YES score is earned if there is a general legal right to access records of legislative proceedings including voting records. A YES score can still be given if there are formal rules for specific exemptions to the right to disclosure (special secret sessions related to national security).
No: A NO score is earned if there is no general right to access documents recording legislative proceedings. A NO score is also earned if there are exemptions to the general right that are not clearly defined by formal rules.

2. In practice, citizens can access records of legislative processes and documents — defined as summaries of legislative proposals, debates, votes, and official actions — within a reasonable time period.

Notes: The legislative records are often posted online right away, according to Nikki Love with Common Cause Hawaii. However, Love said she has had trouble in the past with accessing amendments to bills. Debates and votes are online immediately, but there may be a week and a half delay for the full text of legislative proposals, according to Cody Hensarling with the nonprofit, free market think tank Grassroot Institute of Hawaii.

Sources:

• Nikki Love, executive director, Common Cause Hawaii, 9/24/11, telephone interview.

• Cody Hensarling, special assistant to president for development, Grassroot Institute of Hawaii, 9/19/11, telephone interview.

Score: 50%

Scoring criteria: These are the scoring criteria for this question.
Very Strong: Legislative records and documents are available online, or records/documents can be obtained within two days. Records and documents are uniformly available; there are no delays for politically sensitive information.
Fair: Records and documents take around two weeks to obtain. Some delays may be experienced.
Weak: .
Very Weak: Records and documents take more than a month to acquire. In some cases, most records and documents may be available sooner, but there may be persistent delays in obtaining politically sensitive records.

3. In practice, citizens can access records of legislative processes and documents — defined as summaries of legislative proposals, debates, votes, and official actions — at a reasonable cost.

Notes: Legislative documents such as legislative proposals are free online, according to Nikki Love with Common Cause Hawaii. Cody Hensarling with the nonprofit, free market think tank Grassroot Institute of Hawaii confirmed the documents are free online.

Sources:

• Nikki Love, executive director, Common Cause Hawaii, 9/24/11, telephone interview.

• Cody Hensarling, special assistant to president for development, Grassroot Institute of Hawaii, 9/19/11, telephone interview.

Score: 100%

Scoring criteria: These are the scoring criteria for this question.
Very Strong: Records and documents are free to all citizens, or available for the cost of photocopying. Records and documents can be obtained at little cost, such as by mail or online.
Fair: Records and documents impose a financial burden on citizens, journalists, or CSOs. Retrieving records or documents may require a visit to a specific office, such as the state capitol.
Weak: .
Very Weak: Retrieving records or documents imposes a major financial burden on citizens. The costs of records and documents are prohibitive to most citizens, journalists, or CSOs trying to access this information.

4. In practice, the records of legislative processes and documents are accessible to the public online in a meaningful and accessible manner.

Notes: The public can access proposed legislation on the state Legislature’s website at (http://capitol.hawaii.gov). Proposed legislation and its committee reports are locked in pdf format. The state Legislature’s website is useful for accessing legislative records, according to Nikki Love with Common Cause Hawaii. Honolulu Civil Beat obtained budget worksheets, which are available through the state’s Legislature website. For example, 596 pages of budget worksheets were in the form of a pdf document. However, certain government records may be exempt under the state law such as draft working papers of legislative committees.

Sources:

• Nikki Love, executive director, Common Cause Hawaii, 9/24/11, telephone interview.

• Honolulu Civil Beat, Nanea Kalani, 5/5/11, “Hawaii to Spend $29B on Capital Projects, Stimulate Jobs”

Score: 50%

Scoring criteria: These are the scoring criteria for this question.
Very Strong: The information is available online and is as complete as possible, including any raw or meta data necessary to fully understand how the final information was generated. The information is primary source data, is made available in real-time or within a matter of weeks, is available to the public via an Application Programming Interface (API), and is machine readable. Anyone can access the information at any time, and there is no cost burden on the public in downloading or accessing the information. The information is archived and/or available online in perpetuity, and there are no licensing restrictions limiting its use.
Fair: The information is available online and is generally accessible, but some exceptions exist. Some information may not be machine readable (for example, locked in PDF format) and third-party programs or software may be required to process and use the information once it is downloaded. Certain licensing restrictions may impose a burden on sharing the information and/or analysis of the information.
Weak: .
Very Weak: The information is not available online or is available online in such a format as to render it useless for the majority of the public. Special skills and/or software are required to process the information, and the information is not machine readable and must be manually “scraped” in order to analyze it in bulk. Significant cost and/or licensing barriers pose major hurdles in the public accessing or using the information.

5. In practice, the legislative process is sufficiently transparent to allow citizens/ CSOs to monitor the legislative process and provide input or changes to bills.

Notes: The legislative documents are very accessible, according to Nikki Love with Common Cause Hawaii. However, Love suggests that bill amendments can be improved with easier accessibility. In addition, providing 2-3 days of notice for hearings will allow time to look over the information, Love said. Honolulu Civil Beat obtained budget worksheets, which are available through the state’s Legislature website. However, certain government records may be exempt under the state law such as draft working papers of legislative committees. According to Honolulu Civil Beat, the state has not implemented measures to make hearings and public proceedings accessible via Web livestream to residents who live on neighboring Hawaiian Islands.

Sources:

• Nikki Love, executive director, Common Cause Hawaii, 9/24/11, telephone interview.

• Honolulu Civil Beat, Nanea Kalani, 5/5/11, “Hawaii to Spend $29B on Capital Projects, Stimulate Jobs”

• Honolulu Civil Beat, Lynn Nakagawa and Sara Lin, 2/9/11, “Public Access at the Legislature: Equal for All?”

Score: 75%

Scoring criteria: These are the scoring criteria for this question.
Very Strong: Hearings and debates are public and records of these proceedings are easily accessible. Authors of individual bills can easily be identified and comprehensive description of bills are provided. New bills are not added to committee hearings which have convened on existing legislation.
Strong: .
Fair: There is a formal, transparent process for debate and hearings, but major modifications may be negotiated in separate, closed sessions. Authors of individual bills may be difficult to identify with comprehensive bill descriptions not clearly provided. New bills are sometimes added to committee hearings which have convened on existing legislation.
Weak: .
Very Weak: The legislative process is effectively closed to the public. There may be a formal, transparent process, but most real discussion and debate happens in other, closed settings.

Discussion: