Bill Text: HI HB1596 | 2010 | Regular Session | Introduced
Bill Title: Sunshine Law; Judiciary
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1596 Detail]
Download: Hawaii-2010-HB1596-Introduced.html
Report Title:
Sunshine Law; Judiciary
Description:
Makes the "sunshine law" law applicable to nonajudicatory functions of the judiciary.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1596 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to chapter 92, hawaii revised statutes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that meaningful participation in a democracy requires that government processes be open to public scrutiny. The formation and conduct of public policy--the discussions, deliberations, decisions, and action of government agencies--must be conducted as openly as possible. To protect the people's right to know, the legislature adopted chapter 92, Hawaii Revised Statutes, popularly known as the "sunshine law" governing public agency meetings, and directed that the provisions requiring open meetings be liberally construed and the provisions providing for exceptions to the open meeting requirements be strictly construed against closed meetings.
The legislature further finds that, as one of three branches of government, the people have the right to know how the judiciary forms, conducts, and applies public policy. While the adjudicatory functions of the judiciary are properly excluded from the "sunshine law," as are the adjudicatory functions of numerous executive branch agencies, the nonadjudicatory functions of the judiciary should be subject to the same public scrutiny as the nonadjudicatory functions of the executive branch.
The purpose of this Act is to make the nonadjudicatory functions of the judiciary subject to the requirements of the "sunshine law."
SECTION 2. Section 92-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) This part shall not apply:
(1) To adjudicatory functions exercised by the judicial branch.
(2) To adjudicatory functions exercised by a board and governed by sections 91-8 and 91-9, or authorized by other sections of the Hawaii Revised Statutes. In the application of this subsection, boards exercising adjudicatory functions include, but are not limited to, the following:
(A) Hawaii labor relations board, chapters 89 and 377;
(B) Labor and industrial relations appeals board, chapter 371;
(C) Hawaii paroling authority, chapter 353;
(D) Civil service commission, chapter 26;
(E) Board of trustees, employees' retirement system of the State of Hawaii, chapter 88;
(F) Crime victim compensation commission, chapter 351; and
(G) State ethics commission, chapter 84."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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