Bill Text: HI SB662 | 2010 | Regular Session | Introduced
Bill Title: Public Agency Hearings and Boards; Expanding Applicability, Enforcement, and Disclosure
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB662 Detail]
Download: Hawaii-2010-SB662-Introduced.html
Report Title:
Public Agency Hearings and Boards; Expanding Applicability, Enforcement, and Disclosure
Description:
Makes boards established by official government document subject to open meetings law. Requires actions taken in closed meetings to be announced in public. Authorizes the office of information practices to enforce the open meetings law.
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THE SENATE |
S.B. NO. |
662 |
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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 PUBLIC AGENCIES AND BOARDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the public is interested in maintaining and expanding citizen access to government proceedings, which is governed by the public agency meetings and records law. In addition to citizen interest in participating in agency meetings, the media and civic watchdog groups monitor agency meetings for the public interest, which encourages and increases government accountability.
From time to time, a public agency or official establishes a committee, task force, or other entity to perform government functions that are not within the purview of the public agency meetings and records law. Although these public entities often agree to follow open meetings laws, the voluntary nature of their compliance with the law regularly raises concerns.
Further, existing law allows boards and commissions to vote and act in executive meetings that are closed to the public. Although the minutes of executive meetings become publicly available after the need for privacy ceases, this could take months or years. In many states, boards must either vote in open meetings or announce their actions to the public.
Enforcement of the public agency meetings and records law is limited to proceedings before a circuit court, which creates a barrier for most citizens seeking agency compliance with the law. The legislature finds that in addition to the attorney general and prosecuting attorneys, the administrator of the public agency meetings and records law, which is the office of information practices, should be authorized to enforce compliance.
The purpose of this Act is to expand the definition of "board" to include those created by an official government document, to require that actions taken in executive meetings be announced in public, and to authorize the office of information practices to enforce the open meetings law.
SECTION 2. Section 92-2, Hawaii Revised Statutes, is amended to read as follows:
"§92-2 Definitions. As used in this part:
[(1)] "Board" means any
agency, board, commission, authority, or committee of the State or its
political subdivisions [which] that is created by constitution,
statute, rule, [or] executive order, or any other official government
document, to have supervision, control, jurisdiction or advisory power over
specific matters and [which] that is required to conduct meetings
and to take official actions.
[(2)] "Chance meeting" means a
social or informal assemblage of two or more members at which matters relating
to official business are not discussed.
[(3)] "Meeting" means the
convening of a board for which a quorum is required in order to make a decision
or to deliberate toward a decision upon a matter over which the board has
supervision, control, jurisdiction, or advisory power."
SECTION 3. Section 92-4, Hawaii Revised Statutes, is amended to read as follows:
"§92-4 Executive meetings. A board may hold an executive meeting closed to the public upon an affirmative vote, taken at an open meeting, of two-thirds of the members present; provided the affirmative vote constitutes a majority of the members to which the board is entitled. A meeting closed to the public shall be limited to matters exempted by section 92-5. The reason for holding such a meeting shall be publicly announced and the vote of each member on the question of holding a meeting closed to the public shall be recorded, and entered into the minutes of the meeting. Actions taken in a meeting closed to the public shall be announced at the next meeting of the board, including the vote taken on each matter. The chairperson of a legislative committee that has jurisdiction over the matter covered by the board may attend the executive meetings of that board."
SECTION 4. Section 92-12, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The attorney general, the office of information practices, and the prosecuting attorney shall enforce this part."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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