The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the Senate Committee on Judiciary on Jan. 31, 2025.
_____________
Jan. 31, 2025, 9:15 a.m.
Hawaii State Capitol
Conference Room 016 and Videoconference
To: Senate Committee on Judiciary
Sen. Karl Rhoads, Chair
Sen. Mike Gabbard, Vice-Chair
From: Grassroot Institute of Hawaii
Ted Kefalas, Director of Strategic Campaigns
RE: TESTIMONY IN SUPPORT OF SB846 — RELATING TO EMERGENCY POWERS
Aloha Chair, Vice-Chair and other Committee members,
The Grassroot Institute of Hawaii would like to offer its support for SB846, which would amend the state’s emergency management statute to prohibit the suspension of requests for public records or vital statistics during a state of emergency.
At the outset of the COVID-19 crisis, Gov. David Ige suspended Hawaii’s open-records and sunshine laws — an extreme response not taken by any other state governor.
Not only did his action raise questions about the health rationale for the suspension, it also undermined public trust in the workings of government at a time when trust was needed most. During an emergency, when government actions can seem opaque, it is essential that the public has more access to information about government decision-making, not less.
This bill would ensure that government transparency is maintained even during a state of emergency.
Fortunately, there is no reason for any concern that open records requests could hinder government operations during an emergency. Hawaii’s open-records statute already provides flexibility to agencies that require additional time to respond, and this bill would reinforce that provision by expressly giving agencies permission to delay a response under extenuating circumstances.
Hawaii’s emergency management law is in need of reforms that would reflect the lessons we have learned over the past few years. It is possible to protect open government without handicapping the ability of the governor and mayors to respond quickly and effectively to emergency situations.
We urge you to pass SB846.
Ted Kefalas
Director of Strategic Campaigns
Grassroot Institute of Hawaii
