Bill Text: HI HB109 | 2011 | Regular Session | Amended
Bill Title: Public Agencies; Sunshine Law
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Engrossed - Dead) 2011-03-08 - (S) Referred to JDL. [HB109 Detail]
Download: Hawaii-2011-HB109-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
109 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE SUNSHINE LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Sunshine Law, part I of chapter 92, Hawaii Revised Statutes, was intended to create transparency in government operations by public officials, both elected and appointed, and to establish procedures to prevent business discussions between subgroups of officials in private meetings.
The legislature recognizes that there are many public gatherings and community events that officials of deliberating bodies are invited to, or may wish to attend for educational purposes and community participation.
The legislature also recognizes that there are
professional association conferences and professional development activities
that public officials are invited to based on their expertise or participation
in public policy deliberative bodies to help develop insight and exchange ideas
to enhance their knowledge, skills, and abilities to better perform their jobs.
The purpose of this Act is to:
(1) Allow the participation by two or more members of a board in a public gathering or community event not tied to matters over which the board is exercising its adjudicatory, advisory, or legislative function and which has not been organized for the members of the board; and
(2) Allow the participation by two or more members of a public policy deliberative body in professional association conferences and professional development activities with a publicly accessible report of their activities.
SECTION 2. Section 92-2.5, Hawaii Revised Statutes, is amended to read as follows:
"§92-2.5 Permitted interactions of members. (a) Two members of a board may discuss between themselves matters relating to official board business to enable them to perform their duties faithfully, as long as no commitment to vote is made or sought and the two members do not constitute a quorum of their board.
(b) Two or more members of a board, but less
than the number of members [which] that would constitute a quorum
for the board, may be assigned to:
(1) Investigate a matter relating to the official business of their board; 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 the meeting at which the findings and recommendations of the investigation were presented to the board; or
(2) Present, discuss, or negotiate any position [which]
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 prior to the presentation, discussion, or
negotiation.
(c) Two or more members of a board, but fewer than the number of members necessary to constitute a quorum for the board, may attend a public gathering or community event; provided that:
(1) The public gathering or community event does not relate to official board business over which the board is currently exercising its adjudicatory, advisory, or legislative function; and
(2) The gathering or event is not specifically and exclusively organized for or directed toward members of the board.
(d) Two or more members of a board, but fewer than the number of members necessary to constitute a quorum for the board, may attend professional association conferences and professional development activities; provided that the attending members shall post a publicly accessible report of their conference and training activities.
[(c)] (e) Discussions between
two or more members of a board, but less than the number of members [which]
that would constitute a quorum for the board, concerning the selection
of the board's officers may be conducted in private without limitation or
subsequent reporting.
[(d)] (f) Discussions between
the governor and one or more members of a board may be conducted in private
without limitation or subsequent reporting; provided that the discussion does
not relate to a matter over which a board is exercising its adjudicatory
function.
[(e)] (g) Discussions between
two or more members of a board and the head of a department to which the board
is administratively assigned may be conducted in private without limitation;
provided that the discussion is limited to matters specified in section 26-35.
[(f)] (h) Communications,
interactions, discussions, investigations, and presentations described in this
section are not meetings for purposes of this part."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 7, 2050.
Report Title:
Public Agencies; Sunshine Law
Description:
Allows the participation by two or more members of a public policy deliberative body: (1) In a public gathering or community event not tied to matters currently under official deliberation or pending action; and (2) In professional association conferences and professional development activities with a publicly accessible report of their activities. Effective January 7, 2050. (HB109 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
