Bill Text: HI HB2382 | 2014 | Regular Session | Introduced
Bill Title: Sunshine Law; Notice
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Introduced - Dead) 2014-02-19 - The committee(s) on CPC recommend(s) that the measure be deferred. [HB2382 Detail]
Download: Hawaii-2014-HB2382-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2382 |
|
TWENTY-SEVENTH LEGISLATURE, 2014 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to public agency meetings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that boards and commissions have a duty to ensure that meeting notices are readily available to the public under sunshine law in chapter 92, Hawaii Revised Statutes. Existing law requires boards and commissions to maintain a list of names and addresses of persons who request notification of meetings and to mail a copy of the meeting notice to these persons when a meeting agenda is filed. Postage is becoming cost prohibitive, especially when electronic mail is a more efficient and effective alternative to conventional mail. If electronic mailing of meeting notices is allowed, boards and commissions will be able to save money. Furthermore, electronic notices maximize the convenience for members of the public who are relying more on receiving mail through electronic means and may improve public access to and attendance of board and commission meetings.
The purpose of this Act is to improve the ability of boards and commissions to make meeting notices readily available to the public by:
(1) Requiring an internet web address that provides meeting notices to include instructions on submitting testimony for a meeting;
(2) Allowing boards and commissions to provide notice of a meeting by either first class mail or electronic means, including electronic mail and text messaging;
(3) Requiring boards and commissions to provide instructions and contact information for persons to request to be included on the list for notification of meetings to be sent via postal mail or electronic means; and
(4) Specifying that any person who fails to properly send meeting notices by postal mail or electronic means or fails to send meeting notices in a timely manner shall be subject to penalties.
SECTION 2. Section 92-7, Hawaii Revised Statutes, is amended to read as follows:
"§92-7 Notice. (a) The board
shall give written public notice of any regular, special, or rescheduled
meeting, or any executive meeting when anticipated in advance. The notice
shall include an agenda [which] that lists all of the items to be
considered at the forthcoming meeting, the date, time, and place of the
meeting, an internet web address for instructions on submitting testimony
for the meeting, and in the case of an executive meeting the purpose shall
be stated. The means specified by this section shall be the only means
required for giving notice under this part notwithstanding any law to the
contrary.
(b) The board shall file the notice in the office of the lieutenant governor or the appropriate county clerk's office, and in the board's office for public inspection, at least six calendar days before the meeting. The notice shall also be posted at the site of the meeting whenever feasible.
(c) If the written public notice is filed in the office of the lieutenant governor or the appropriate county clerk's office less than six calendar days before the meeting, the lieutenant governor or the appropriate county clerk shall immediately notify the chairperson of the board, or the director of the department within which the board is established or placed, of the tardy filing of the meeting notice. The meeting shall be canceled as a matter of law, the chairperson or the director shall ensure that a notice canceling the meeting is posted at the place of the meeting, and no meeting shall be held.
(d) No board shall change the agenda, once filed, by adding items thereto without a two-thirds recorded vote of all members to which the board is entitled; provided that no item shall be added to the agenda if it is of reasonably major importance and action thereon by the board will affect a significant number of persons. Items of reasonably major importance not decided at a scheduled meeting shall be considered only at a meeting continued to a reasonable day and time.
(e) The board shall maintain a list of names [and],
postal or electronic addresses, and mobile phone numbers of persons
who request notification of meetings by postal mail or electronic means and
shall mail by first class mail or electronically transmit a copy of the
notice to such persons at their last recorded postal or electronic address
or mobile phone number no later than the time the agenda is filed under
subsection (b). The board shall provide instructions and contact
information for persons to request to be included on the list for notification
of meetings to be sent via postal mail or electronic means.
(f) Any person who fails to properly send notices by postal mail or electronic means or fails to send notices in a timely manner shall be subject to penalties under section 92-13."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Sunshine Law; Notice
Description:
Requires that an internet web address be included on a meeting notice for instructions on submitting testimony for a meeting; allows boards and commissions to provide notice of a meeting by first class mail or electronic means, including electronic mail and text messaging; requires boards and commissions to provide instructions and contact information for persons to request to be included on the list for notification of meetings to be sent via postal mail or electronic means; and specifies that any person who fails to properly send meeting notices by postal mail or electronic means or fails to send meeting notices in a timely manner shall be subject to penalties.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
