One Hawaii Senator Kills Media Shield Law – Senator Clayton Hee Goes on My Naughty Liar’s List

Posted on May 2, 2013 by Damon

First amendment attorney Jeff Portnoy tells reporters that one Senator – Judiciary Chair Clayton Hee – killed Hawaii’s journalism shield law this 2013 legislative session even though it is considered one of the best in the country because of his distrust and disdain for the media.

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Hawaii Bloggers and Journalists Go Down in Flames

Posted on April 30, 2013 by Damon

Some of the legislators words:

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Commentary: UH Professor Gerald Kato “The Endgame of the Shield Law…”

Posted on April 30, 2013 by Damon

Some thoughts on today.

The endgame for the shield law played itself out in the state Senate and House today after efforts to extend the life of the law failed.

The Senate passed a draft bill authored by Sen. Clayton Hee by a vote of 16-9. But the House hours earlier amended that bill to eliminate changes and extend the life of the shield law by two years. The net result is that there are now two different bills, and that means the bill dies Thursday.

Without legislation extending its life or making it a permanent part of Hawaii statutes, the shield law will sunset June 30, 2013. It will die a victim of Hee’s visceral disdain for the media and the failure of political will in the state Senate.

House leaders Scott Saiki and Cynthia Thielen courageously worked to amend the bill in the House to extend the existing law for two years to give parties time to take a closer look at the issues. The Senate knew of the House action but ignored pleas from shield law supporters to consider an extension amendment to reconcile the bills and keep the existing shield law alive. Instead, Hee pushed through his bill to define journalists and journalism in a narrow way, eliminate protection for non-traditional journalists and digital media publications. Hee’s bill was nothing more than an effort to replace a good law with a zombie of his own creation.

Nine senators stood against Hee’s bill. They were: Laura Thielen, Michelle Kidani, Roslyn Baker, Sam Slom, Russell Ruderman, Les Ihara, Willie Espero, Josh Green, and Clarence Nishihara.

There was a lot of fingerpointing back and forth and scratching of heads by senators about why an amendment to extend the life of the shield law never came up on the floor of the Senate. A lot of unaccountability politics in the kabuki of the Senate.

While it’s true that nothing is ever dead at the Legislature until everyone leaves the building, and maybe not even then, it is unlikely that there will be an extension to the existing shield law.

We’ll have a lot more to say about this in the days to come. But it is a shame that Hee’s antics wins out, and he kills one of the best shield laws in the country. We will have no shield law, but we must continue to have the collective will and desire to defend the First Amendment.

Gerald Kato

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Attorney Jeff Portnoy’s Response to Senator Hee’s Comments on Floor of Senate on April 17 – Re: Hawaii Shield Law

Posted on April 18, 2013 by Damon
Click to read where the bill stands

Click to read where the bill stands

Dear President Kim and Members of the Senate:

As I said in my earlier letter to you, I do not wish to engage in a pointless debate with Sen. Clayton Hee on the merits of HB622 Regarding Evidence. However, Sen. Hee’s insistence on distorting the record requires a response.

The Judiciary Evidence Committee’s Report of December 2011 states that it recommends that “the sunset provision be eliminated and that Act 210 be integrated into H.R.S. Ch. 621.” The committee says the Legislature might, “were it so inclined,” look at sections of the law. Nowhere is there any indication of a minority report or dissenting vote on the committee. Committee discussions were confidential so if Deputy Attorney General Diedre Marie-Iha wishes to cast a public dissent, that is her right. However, in testimony submitted to the House Judiciary Committee on February 2, 2012, on a matter related to the shield law, Judge Glenn Kim, chair of the Evidence Committee, said this:

“The Judiciary supports making the news media privilege permanent by repealing the scheduled sunset date of Act 210, Session Laws of Hawaii 2008, as amended by Act 113, Session Laws of Hawaii, as proposed in House Bill No. 2763, which is currently pending hearing by this committee.” (Underscore added)

Nothing Judge Kim said at that time would suggest that the committee was anything but supportive of the shield law.

I should note that during the senate judiciary committee hearing on HB622 on March 28, 2013, Deputy Attorney General Marie-Iha submitted her testimony late so it was not available to the committee or the public until moments before she testified. I did not have an opportunity to read it, much less comment at length about what she had to say.

Sen. Hee contends that at that hearing the news media were unable to provide examples of how the shield law has been used over the past five years. He bases this statement on the testimony of one testifier, whom Sen. Hee badgered during questioning. Sen. Hee gave no one else an opportunity to respond to his question. If he is interested, I can cite examples where the shield law has been used to ward off problems. There are the Ka Loko Dam breach case on Kauai and the Big Island voter fraud case. The shield law was invoked in these cases to head off major problems involving confidential sources used in news gathering. And having the law deters others from trying to force disclosure because they know the law prevents going on fishing expeditions for news sources and unpublished information.

If Sen. Hee is interested in more information on this matter, I would be happy to provide it in depth and detail when I return. I offer these comments now in the interest of a clear record for you to make rational decisions involving important matters of a free press in Hawaii.

Sincerely,

/s/ Jeffrey S. Portnoy, Esq.

And in other news today:

Blogger Law

Click for more information (Subscription based)

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South Carolina Couple Heads to Hawai‘i Island to Make History Eating at All of USA Today’s “51 Great Burger Joints”

Posted on April 18, 2013 by Damon

Village Burger in Waimea, was listed in USA Today’s ”51 Great Burger Joints” across the country in 2010.

Village Burger

Since then, a lovely couple of retired doctors from Hilton Head Island, South Carolina have been to all but one – Village Burger!  We are working to welcome Joe and Doris Lindner (and their kids and grandchildren), on Friday, April 26th at 10:30 a.m., with a presentation by Kahu Danny Akaka & family, Senate and Mayoral proclamations, and hopefully some of the restaurant’s many local farmers, bakers, ranchers and other food providers – to show it ‘takes a village’ to make a great Village Burger.

Doris and Joe Lindner pose by the USA Today poster at the Char-Grill in Raleigh, N.C. During the past two years, the couple â€" retired doctors living on Hilton Head Island â€" have driven to all but one of America's “51 Great Burger Joint

Doris and Joe Lindner pose by the USA Today poster at the Char-Grill in Raleigh, N.C. During the past two years, the couple, retired doctors living on Hilton Head Island, have driven to all but one of America’s 51 Great Burger Joints

WHAT:  Epicurean history will be made when Joe and Doris Lindner of Hilton Head Island, South Carolina, visit Village Burger Waimea on April 26 to complete their journey across America to eat at all of USA Today’s “51 Great Burger Joints.” Hawai‘i Island’s award-winning restaurant is the final stop on their delicious two-year quest.

WHO: Village Burger Waimea will welcome the Lindners with a special ceremony, including music and dance by Danny and Anna Akaka, proclamations from the offices of Hawai‘i County Mayor Billy Kenoi and Senator Malama Solomon, and support from the Big Island Visitors Bureau.

Joe and Doris will be joined by their daughters and sons-in-law Karen and Tom Pappas, Laura and Kevin Sankey; and grandchildren, Logan, Nolan, Colton, Teddy and Charlotte as they make history.

WHEN:  FRIDAY, APRIL 26 – 10:30 A.M.

WHERE: VILLAGE BURGER WAIMEA

Waimea Village Burger

Parker Ranch Center, 67-1185 Hawai‘i Belt Road, Kamuela, HI 96743

WHY: In October 2010, Chef/Owner Edwin Goto’s popular eatery Village Burger Waimea was named one of USA Today’s “51 Great Burger Joints” as part of the national newspaper’s “Great American Bites” series. Hawai‘i food writer Joan Namkoong provided the recommendation noting the restaurant as
“A locavore’s delight, with a grass-fed, pasture-raised, ground-fresh-daily Big Island beef burger, thick and grilled to order, topped with just-picked, Waimea-grown veggies in a brioche bun from nearby Hawi town.”

The Lindners were visiting a daughter in Colorado when the list was published and paid a visit to Colorado’s top pick Park Burger in Denver. On their drive home to South Carolina, they visited three more burger joints on the list and that’s when Joe and Doris made the decision to set out to eat at all the restaurants on the list. Click here to read more about their journey.

NOTE:  The public is invited to attend this special ceremony and celebration.

WEBSITE: www.villageburgerwaimea.com

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Hawaii Tribune Giving Out IP Address of Commenters on Their Website – Attorney Trying to Make Reporter Turn Over Notes

Posted on January 22, 2013 by Damon

In an article written today by John Burnett of the Hawaii Tribune entitled, “Subpoena seeks names of people who wrote online,” Hilo Attorney Ted Hong has requested personal information regarding folks that commented on an article written on January 30th, 2012.

Subpoena

Click to read article

The newspaper complied with the demand and gave away the information of their readers, which they can legally do.

…Hilo attorney Ted Hong, who’s representing Elections Office Administrator Pat Nakamoto in her defamation lawsuit against former County Council Chairman Dominic Yagong and former County Clerk Jamae Kawauchi, filed the subpoena on Jan. 4 in 3rd Circuit Court. In it, he’s seeking the identities of individuals posting under the user-names “punatic,” “Taxedtodeath,” “punatic8,” “QQ,” “548991” and “rsjm.”

The document seeks “any and all account information, including but not limited to, name, birthdate, mailing address, telephone number(s), Internet protocol address, (and) name of Internet service provider … .” The deadline for providing the information is today.

A legal disclaimer on the Tribune-Herald’s website contains the statement: “IP and email addresses of persons who post are not treated as confidential records and will be disclosed in response to valid legal process.”

“We are complying with the subpoena requests,” said David Bock, Tribune-Herald editor and news director for Stephens Media Hawaii. “We are very protective of our news sources and reporters’ work, but we have no control over what members of the public write in our website’s comments section…”

Unfortunately, Ted Hong is also requesting that one of the paid journalists to turn over her notes in the case regarding this same case involving the fired election workers.

Hawaii has a shield law that protects both bloggers and journalists from turning over their sources.

“Hawaii allows anyone to claim protections under the shield law so long as they meet certain conditions, such as proving they write regular reports of substantial public interest.” (Civil Beat 8/31/12)

Burnett of the Tribune Herald writes:

“…West Hawaii Today also was subpoenaed by Hong, seeking the notes of Stephens Media reporter Nancy Cook Lauer regarding stories she wrote about the firing of Nakamoto and three other elections workers, and the flap that ensued.

Bock said Stephens Media is fighting that subpoena, noting that Hawaii has a “shield law” protecting journalists in most cases from having to turn over their notes or the identities of their sources…”

I hope that Nancy Cook Lauer and the folks at West Hawaii Today stick to their guns and do not allow their reporters notes to be turned over to investigators.  It would be a huge step back in journalism and folks would no longer feel comfortable talking to reporters about things they know about if they might get in trouble for it in the future.

I’ve noticed that Tiffany Edwards Hunt of the Big Island Chronicle and David Corrigan of Big Island Video News have been pretty quiet and not blogging as much of late.  I wonder if they also got served with these subpoenas?

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Alan McNarie is One of the Best Freelance Writers on the Big Island

Posted on January 17, 2013 by Damon

Alan McNarie is one of the best freelance writers on the Big Island.

Alan McNarie takes a moment to take things in.

Alan McNarie takes a moment to take things in.

If I was looking for someone to write something for me and I had a budget… he’s the guy I’d have write something up.

Mahalo for all you do for the Big Island!

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Hawaii Resident Makes Forbes Magazine: Inside eBay Billionaire Pierre Omidyar’s Battle To End Human Trafficking

Posted on November 9, 2012 by Damon

Hawaii residents, Pierre and Pam Omidyar are investing millions to end modern-day slavery with their organization Humanity United. Find out how in this issue of Forbes
http://www.forbes.com/sites/clareoconnor/2012/11/08/inside-ebay-billionaire-pierre-omidyars-battle-to-end-human-trafficking/

Data from CAST shows how many enslaved people from various countries the LA-based group has helped free from the vicious trafficking cycle.

…When eBay went public in 1998, Pierre Omidyar “skipped ‘regular rich’ and went straight to ‘ridiculous rich,’ ” he says. He and Pam, a molecular scientist and his college sweetheart from Tufts, decided immediately that they’d give the vast majority of their wealth away within their lifetimes (they’ve since signed the Giving Pledge). Both just 31 then and worth more than $7 billion, it was a serious, overwhelming proposition. It took a few early years of earnest, scattershot check-writing across a handful of charities before they focused on trafficking as a target…”

More Here: Inside eBay Billionaire Pierre Omidyar’s Battle to End Human Trafficking

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Mayoral and Prosecutor Debates to Headline UH Hilo Media Symposium

Posted on September 13, 2012 by Damon

Hawaii County Mayoral and Prosecutor debates will headline the a media symposium slated for 9 a.m. to 4 p.m., Friday, Sept. 21 at UH Hilo Campus Center.

From Left to Right at table – Ian Lind, Andy Parx and John Temple discuss blogging while Sherry Bracken moderates at the 2011 Media Symposium. Photo credit: Baron Sekiya | Hawaii247.com

The debates between Mayor Billy Kenoi and Harry Kim and Deputy Prosecutor Mitch Roth and Corporation Counsel Lincoln Ashida will take place at 2 p.m. and 3 p.m., respectively in the plaza area of campus center.

UH Hilo political science professor Todd Belt and Sherry Bracken, a reporter for Lava 105 and Hawaii Public Radio, will serve as moderators.

A panel discussion on the state of media in Hawaii will follow the candidates debates, and include a cross section of reporters from print, radio and new media.

Senator Les Ihara, Jr. talks about the Sunshine Law at the 2011 UH-Hilo Media Symposium as Cheryl Kakazu Park, Director of the Office of Information Practices looks on. Photo credit: Baron Sekiya | Hawaii247.com

The symposium will commence at 9 a.m. Friday in Campus Center Room 301, with a libel, defamation, and copyright workshop headed by Hilo attorney Steve Strauss.

Attorney Steven Strauss holds a Libel and Defamation workshop at the 2011 UH-Hilo Media Symposium. Photo credit: Baron Sekiya | Hawaii247.com

Marty Orlando, of Tropic Mac, will offer an iPad workshop, and Simon Kaliko Trapp, of Hale Kuamo’o, UH Hilo’s Hawaiian Language Center, will speak on technology and the Hawaiian language.  Patsy Iwasaki, of UH-Hilo’s communication department, will offer a workshop on reporting and news writing. Nancy Cook Lauer, a West Hawaii Today reporter and blogger, will give a presentation on ethics.  Steve Petranik, of Hawaii Business Magazine, will share details on global media trends.  Sen. Les Ihara will speak on the state’s Sunshine Law.

Lunch and refreshments will be served. $10 for students/$20 for general public. Call 974-7504 for more information or to register.

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When Will Hawaii Save Taxpayer Money and Quit Putting Paid Public Notices in Newspapers?

Posted on August 28, 2012 by Damon

I’d love to know how much Hawaii County is wasting on public and legal notices printed in the newspapers that are REQUIRED to be be posted in the newspapers.

There is an organization called Legal Notice Online that has been monitoring the policies of different states laws regarding legal and public notices and today they sent out the following.

Simply put… the State and the County could save lots of money by putting these notices online, they could reach a larger audience in a more timely basis, they could save a lot of paper waste, and they could control any changes in the notice if need be at any time?

Competition In The Legal Notice World? We Hope So.

A new non-profit trade group- The Local Independent Online News Publishers (LION) was formed this month, it has been reported. Over 100 of these publishers, according to CJR.org will gather at the Block by Block conference next month in Chicago.

How Does This Effect The World of Legal Notices?

We’ve discussed the emerging influence of the hyperlocal news sites when they’ve made noise in specific public notice legislative battles over the past year. In most instances, though the local publisher has acted on his or own. So far, better organized Press Associations have defeated the online publishers, often with professional lobbyists and legislative arm twisting. As a group, maybe LION will allow these hyperlocal sites to help each other in moving public opinion.

LION has stated neither on their Facebook page nor on their web site that they intend to try to be considered as newspapers of record for the lucrative publishing of legal notices in their local communities. We think it is a worthy endeavor and is consistent with several of their values and strategic goals. More than that, competition in that world would save all taxpayers money.

According to LION’s web site, The Patterson Foundation provided support for the initial organizational effort. Dylan Smith, publisher of the TucsonSentinel.com and former online editor of the Tucson Citizen is the organization’s chairman.

The emergence of this type of organization is a great story for all media. Smith sees this organization as the future and we hope he’s right. From the ashes of the burning of the unwieldy corporate, profit motivated journalistic behemoths rises grass roots journalism organizations that are in touch with their readers and are the watchdogs of their communities. 

To read how other states are addressing this issue Click HERE

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Hawaii Tribune Herald to Shut Down Printing Press – Workers to Be Laid Off

Posted on June 30, 2012 by Damon

I’ve been away on a small staycation to the Hilton Waikoloa the last few days and haven’t had a chance to comment about the recent announcement that the Hawaii Tribune Herald will be shutting down it’s printing press operations here on the Hilo side of the island.

From the Pacific Media Workers Guild

The Hawaii Tribune-Herald announced on Wednesday (June 27) that, starting in August, the Hilo newspaper will be printed by West Hawaii Today, a sister paper in Kailua-Kona, which will cause several layoffs.

The Aug. 18 edition of the newspaper will be the last printed in Hilo, according to the company. The Hawaii Tribune-Herald and West Hawaii Today are owned by Stephens Media, a Las Vegas, Nev., based chain that operates newspapers in 10 states.

The Hawaii Printing and Graphic Communications Union No. 413N was informed on Wednesday that members will be laid off.

The company explained that the decision to subcontract printing to West Hawaii Today was based on an assessment that the Hilo printing press is old and in need of repair. The company also cited the consolidation of printing operations as an industry trend nationally.

Workers at West Hawaii Today are not represented by labor unions. In a staff memo on Wednesday, West Hawaii Today said the Hawaii Tribune-Herald would be printed at its plant and then transported back to Hilo for packaging and delivery. West Hawaii Today said it did not expect to hire additional press employees.

At this time, the pressmens’ union said it is working out the details with Stephens Media and had no public comment.

The Pacific Media Workers Guild, which represents truck drivers and support staff at the Hawaii Tribune-Herald who could be impacted by the company’s decision to subcontract printing, is closely monitoring negotiations between the company and the pressmens’ union.

“We understand that our industry is facing financial pressure, but we believe the company owes its workers and the Hilo community a full explanation for this decision,” the guild said in a statement.

I feel sorry for the folks that will be losing their jobs, however I question the following statement:

“The company explained that the decision to subcontract printing to West Hawaii Today was based on an assessment that the Hilo printing press is old and in need of repair. The company also cited the consolidation of printing operations as an industry trend nationally….”

The timing of this closure is almost exactly two years to the date of when the employees most recently bargained for contract comes up.  On August 10th, 2010 I received the following media release:

The Hawaii Newspaper Guild and the Hawaii Tribune-Herald have signed a contract after nearly six years of negotiations.

The two-year agreement covers all employees at the Hilo newspaper except pressmen, who are covered by a separate contract, and managers. The pressmen’s negotiations lasted as long as the Guild’s. The contracts are similar.

Both unions have bargained with the newspaper jointly for years, but the negotiations were prolonged this time partly because the company refused joint negotiations.

The contract provides the first wage increases for employees at the newspaper since Jan. 1, 2002.

During the negotiations, the Tribune-Herald was found guilty of 12 unfair labor practice charges by an administrative law judge of the National Labor Relations Board. The charges included the illegal firing of veteran reporters Hunter Bishop and Dave Smith, both of whom were union leaders… 

More here: Hawaii Newspaper Guild and the Hawaii Tribune Sign Contract After Nearly Six Years of Negotiation

I have stated for years that I think the printed version of the paper was a thing of the past.  Even when the two Honolulu papers merged I just thought it would only be a matter of time before the Big Island went the same way.

On June 6, 2010 I wrote:

“Some folks are saying that the dynamics of the the whole digital era is what really killed off the Honolulu Advertiser… I’ve been saying that for the last 6-7 years now.

Big Island papers will probably consolidate soon.  I’ve already started thinking of names.  “Hawaii Tribune Today” was the newspaper name that I think would be most feasible combining Hawaii Tribune Herald with West Hawaii Today.

The funny thing… I don’t think there would be that many lay-offs as both papers seem to use articles at will from the pool of Stephens Media writers here on the island at their expense… Silent Sunday and the Death of the Advertiser… Big Island Newspapers Don’t Have Blogs!

There are some real issues that Hilo folks may have to think about when they decide whether or not they want to continue getting a Newspaper that is driven from nearly 120 miles away from where they live.

Is it local news if its being trucked over in vans every day?  I wonder how long they will be able to afford to send a fleet of vans over to this side of the island and back each day.  Would it even be profitable?   Will the cost of the paper rise as the price of gas fluctuates?

And the biggest question… Why hasn’t the Hawaii Tribune Herald themselves tell their readers what is going on?  It’s been nearly three days since the announcement has been made.  Yep…. I understand no one wants to write their own obituary… but at least tell your readers what is going to be happening and where there favorite local journalist(s) can be found.

I will offer any laid off person from the Hawaii Tribune an opportunity to start up and learn how to make a website/blog similar to something like my site is.  I am always discouraged when good journalists just quit writing simply because they don’t have a platform or audience.

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Hawaii Reporter Turns Ten… Congrats Malia Zimmerman

Posted on May 10, 2012 by Damon

The award winning website the Hawaii Reporter, run by Malia Zimmerman turns 10 on June 1st and she has invited folks to come and enjoy the anniversary.

Congrats Malia Zimmerman!

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Wordless Wednesday – The New Kid On the Block

Posted on May 2, 2012 by Damon

The Hawaii Tribune Herald recently hired a new journalist.

His name is Tom Callis and he is from Covington, Washington and graduated from Western Washington University.

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The Kona Blog Ends After 6 Year Run

Posted on April 24, 2012 by Damon

A couple months ago Blogger Aaron Stene of The Kona Blog told his viewers that he was going on a hiatus from blogging for awhile.

Tonight, I’m saddened to learn that Mr. Stene has decided after more then 6 years of blogging, that he pulled the plug on the Kona Blog and deleted the entire contents of the site as of last night.

I had to look for myself to see if it was true and sure enough I got the following message:

I myself have always felt a closeness to The Kona Blog as it was one of the original blogs here on the Big Island and one of the first to “link” my sites to it via a “Blogroll”.

The Kona Blog was voted as one of the Best Blogs on the Big Island alongside Hunter Bishop’s old blog a few years back, so this means that we have now lost two great blogs on this island

I wish Aaron the best at whatever he has plans on doing next.  I don’t think Mayor Kenoi is hiring him or anything… however, you can still view some of his posts via commentary at
http://www.hawaii247.com
.

And bro… I will still kick your ass in a game of hoops if we ever play!

Filed under: aloha, Announcements, Big Island, Blogs, Community, Hawaii, Kona, Newspapers | Tagged: , | 1 Comment »

RedBull Air Drop – Largest Stunt of Its Kind In History

Posted on April 23, 2012 by Damon

The RedBull Air Drop has begun!  Of course Hawaii will be left out of this stunt.

Red Bull is giving wings to millions of students around the world—the largest stunt of its kind in history.

Wings Worldwide – 400 campuses, 55 countries, 6 continents…1 day.

Related Links:

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End of Free Online News From Big Island’s Main Stephens Media Newspapers

Posted on April 8, 2012 by Damon

The other day I was browsing the Hawaii Tribune Herald online and I noticed this popup that kept popping up and I kept closing the window and for some reason it would take me back to the front page of the paper.  I didn’t really think anything of it at the time… but I just tried to access the paper online again today and got the same pop-up.

I took a closer look at the pop up and it read the following:

I’ve now looked at the West Hawaii Today site and they are also blocking readers from reading the whole articles.  It looks like folks are allowed to read 10 pages or something each month before things start getting funny on the sites.

I've used 7 page of 30!

The funny thing is… is they are not only blocking their own written articles… They are blocking articles delivered to them by the Associated Press.

I just checked out Big Island Weekly and it looks like they are still providing free online news… but who knows how long that will last?

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Hawaii Makes Progress in Moving Public Notices Online… Deep Pockets At Civil Beat Could Spell Trouble for Local Papers

Posted on March 11, 2012 by Damon

This has been a busy two weeks in on line legal notice activity. Hawaii has a bill which has passed the Senate unanimously. California has a new very clever bill proposed. Virginia’s Press Association succeeded in convincing legislators to water down the bills attempting to save the state money.

*Virginia*’s Legislature, which had the most promise for passing 8 state wide bills to move notices on line, caved to the pressure of the Virginia Press Association. As of our last report
http://legal-notice.org/blog/virginia-2-line-legal-notice-bills-pass-va-house-delegates-large-margins
, only two bills remained alive which could potentially save the taxpayers money without continuing to subsidize the printed newspaper industry.

* House Bill 234
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+HB234 
 would have reduced the amount of information required to be published in the newspaper about a time-share being sold under foreclosure. It  passed the House by a huge 98-2 margin on February 14. Prior to the bill going to the Senate and bowing to lobbying by the Va. Press Association, the wording that would have reduced the amount of information required to be published in print, was changed and the requirement to publish an absurd amount of information in print was reinstated. The bill, whose purpose was to “reduce the amount of information required to be published” was neutered and ultimately will save the state nothing while reserving the subsidy to newspapers. The bill will most likely be signed.

* House Bill 1193
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=HB1193
 would have required local public bodies to post required procurement notices on the Department of General Services’ central electronic procurement website and makes newspaper publication optional. It passed the House of Delegates 78-21 but was set aside by the Senate’s Committee on General Laws and Technology by a 10-4 margin.

In *Hawaii*, we reported last http://legal-notice.org/blog/hawaii-senate-committees-vote-bill-which-allows-moving-public-notices-line that Senate Bill 2233


http://www.capitol.hawaii.measure_indiv.aspx?billtype=SB&billnumber=2233
 had made it out of multiple Senate Committees. Since then the Senate Ways and Means Committee slightly watered down the bill (State-wide notices can be moved out of the statewide paper and into a local paper and county-wide notices can be published on line) and recommended passage. *The Senate unanimously passed the bill 25-0* and it is now in the House where the House Judiciary Committee will hold a hearing on March 15.

Hawaii is unique in that there is a very well written on line newspaper, Honolulu Civil Beat, that has a deep-pocketed owner who could be influential.

*Florida* took the first step in moving notices on line. Both the House and the Senate passed the bill and it was sent to Governor Rick Scott for signing. HB937
http://www.myfloridahouse.gov/Sections/Bill/billsdetail.aspx?BillId=48170
 appears benign. It saves the state and local governments no money. It just mandates that notices published in print are also published on line.

The newspapers see this as a victory but it sets them up for the next round of legislation which should say that notices will no longer need to be in print (see below).

We’ve saved the best for last. *California*, the largest state and the most technologically progressive (as well as the most troubled financially) has proposed the most thoughtful bill yet from any state since we’ve been covering this issue. Instead of enforcing that the government publish notices,
http://totalcapitol.com/?bill_id=201120120AB1902
 in detail expands the definition of newspaper of general interest to on line
newspapers.

Ironically, the need for this bill came from the situation that exists in many rural areas where the print newspapers have now deserted them while on line publications have come in to fill the void of news provider.

We will examine this in our next post as this bill successfully refutes the independence issue which the newspapers have successfully used to protect their franchise. This measure could be heard in committee by March 24.

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Filed under: Announcements, Blogs, Hawaii, Legal, Legislature, National Affairs, Newspapers, Something New?, State Affairs, Technology | Tagged: , , , , | Leave a Comment »

End of Public Notices in the Newspapers Could Spell Trouble for Local Newspapers

Posted on February 25, 2012 by Damon

Well this could be big trouble for our local newspapers and lots of money saved for Hawaii County taxpayers in general.

Yesterday, Senate Bill 2233 Relating to Electronic Communication passed with amendments by a vote of 14-0:

The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 14 Aye(s): Senator(s) Ige, Kidani, Chun Oakland, Dela Cruz, English, Espero, Fukunaga, Kahele, Kim, Kouchi, Ryan, Tokuda, Wakai, Slom; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

Senate Bill 2233:

Authorizes government agencies to disseminate publications of notice electronically, or in a daily or weekly publication of statewide circulation, or in a daily or weekly publication in the affected county, as appropriate; appropriates funds for the operational expenses of the office of information management technology; appropriates funds for the Hawaii public library system for public access support services; electronic notice requirement effective 7/1/2013. (SD1)

The other day Ian Lind blogged:

…But whatever the fate of this bill, the newspapers are facing another challenge in the form of a mainland competitor entering Hawaii’s market with a vertically integrated business plan designed to capture a big share of the market on publication of foreclosure notices. If you’ve been paying attention, foreclosures have been a big chunk of the legal notices category for the past several years, a situation that seems likely continue for at least several more…

Lind continued…

…Hawaii newspaper publishers turned out to defend their existing monopoly on this source of government revenue. Despite protestations by some, it’s an important bit of income for publishers struggling to cope with the changing fortunes of the news industry.

But there’s another real threat to the newspaper’s legal notice revenues on the horizon. Actually, it appears to be closer than the horizon…

I highly recommend reading the full post “Local newspapers face another likely competitor for lucrative legal notices“.

After I read about it and thought about it… I posted the following comment that I’m seriously thinking about doing similar to the MISSING page I have on top of this site:

This makes me want to experiment w/ posting public notices on my site on a page dedicated to just them.

I’ve heard that Stephens Media is very dependent on the government notices here on the Big Island in being able to stay profitable.

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Filed under: Announcements, Economy, Hawaii, Legal, Legislature, Newspapers, Rumors, State Affairs, Technology | Tagged: , , , | 2 Comments »

Big Island Press Club Announces New Board of Directors

Posted on February 15, 2012 by Damon

From the Big Island Press Club website (Posted w/ permission):

The on again, off again website of the Big Island Press Club is live. We’ve got a new board of directors, a new president and a new presence on the web. So let’s first introduce ourselves again.

The Big Island Press Club was founded in 1967 to protect the public’s right to know. We are the oldest continuously active media organization in the state of Hawaii. Among our members are community leaders in the print, broadcast and new media, and supporters of a free and open press. We annually award scholarships totaling around $3,000 to students majoring in journalism or a related field. Our scholarships are funded by membership dues, endowments and investments.

We also fight to keep the public’s right to know. We highlight the best and worst examples of Sunshine Law compliance and violations through our Lava Tube and Torch of Light awards. We keep an eye on public officials to make sure they are acting in the open, under the gaze of the public. And when a violation is egregious enough, we have gone to court.

We’re also friends who enjoy getting together to celebrate life.

The members of our executive board are:

President Yisa Var, editor of Big Island Weekly

Vice President Nancy Cook Lauer, reporter for West Hawaii Today

Secretary John Burnett, reporter for the Hawaii Tribune-Herald

Treasurer Rod Thompson, reporter emeritus for the Honolulu Star-Bulletin

Past president Peter Sur, reporter for the Hawaii Tribune-Herald

Director Sherry Bracken, Lava 105

Director Bob Duerr, Hawaii Fishing News

Director Ilihia Gionson, Hiehie Communications

Director Patsy Iwasaki, faculty member of the University of Hawaii at Hilo

Stay tuned for more information about scholarships.

Filed under: Announcements, Big Island, Hawaii, Newspapers | Tagged: , | Leave a Comment »

Big Island Students – Big Island Press Club Journalism Scholarships Available

Posted on February 12, 2012 by Damon

The Big Island Press Club announces the availability of college scholarships to students with Big Island ties who are seeking careers in journalism.

This year we are offering the $1,500 Robert C. Miller Memorial Scholarship, the $1,000 Bill Arballo Scholarship, the $500 Jack Markey Memorial Scholarship, the $500 Yukino Fukabori Memorial Scholarship and the Marcia Reynolds Memorial Scholarship.

All information, including application forms, are posted on the press club website at www.bipc.wordpress.com. The deadline to apply is June 9.

Applications without the required documents will be deemed incomplete.

After an initial review of the applicants the Scholarship Committee will be conducting personal interviews in Hilo in the summer. If applicants cannot be physically present an interview may be conducted over the phone.

For questions, write to Peter Sur at psur@hawaiitribune-herald.com or call (808) 930-7351.

Filed under: Announcements, Big Island, Education, Kids, Newspapers | Tagged: , | Leave a Comment »

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