Bill Text: HI SB2637 | 2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating To Public Agency Meetings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2024-03-07 - Referred to JHA, referral sheet 16 [SB2637 Detail]

Download: Hawaii-2024-SB2637-Introduced.html

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THE SENATE	S.B. NO.	2637
THIRTY-SECOND LEGISLATURE, 2024
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 for decades, the Sunshine Law has had an exception to the open meetings requirement to permit a limited number of board members to investigate an issue, without complying with the Sunshine Law, and report back to the board before a discussion occurs.  The statute requires three different meetings:

     (1)  To identify the members and scope of the investigation team,

     (2)  For the group to report its findings, and

     (3)  To discuss and act on the report.

     The legislature also finds that on multiple occasions over the years, boards have attempted to circumvent the legislative intent that the public, and the board, have an opportunity to digest the report before any substantive discussion by scheduling the second and third meetings back-to-back.  The legislature further finds that most recently, the city council attempted to schedule a meeting for a group to report back on its investigation into real property tax bills with a "separate" meeting scheduled thirty minutes later that would discuss and act on the report.

     Accordingly the purpose of this Act is to clarify that the third meeting of a board to investigate an issue, as required under the Sunshine Law, must occur at least six days after the second meeting.

     SECTION 2.  Section 92-2.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Two or more members of a board, but less than the number of members that would constitute a quorum for the board, may be assigned to:

     (1)  Investigate a matter relating to board business; provided that:

          (A)  The scope of the investigation and the scope of each member's authority are defined at a meeting of the board;

          (B)  All resulting findings and recommendations are presented to the board at a meeting of the board; and

          (C)  Deliberation and decisionmaking on the matter investigated, if any, occurs only at a duly noticed meeting of the board held [subsequent to] not less than six calendar days after the meeting at which the findings and recommendations of the investigation were presented to the board; or

     (2)  Present, discuss, or negotiate any position that the board has adopted at a meeting of the board; provided that the assignment is made and the scope of each member's authority is defined at a meeting of the board before the presentation, discussion, or negotiation."

     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:

Public Agency Meetings; Reports; Sunshine Law

 

Description:

Clarifies that the third meeting of public agency meetings must occur not less than six calendar days after the second.

 

 

 

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