Bill Text: HI HB165 | 2017 | Regular Session | Amended
Bill Title: Relating To Public Meetings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-06-29 - Act 064, 06/30/2017 (Gov. Msg. No. 1165). [HB165 Detail]
Download: Hawaii-2017-HB165-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
165 |
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TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO PUBLIC MEETINGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 92, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§92- Board packet; filing; public inspection; notice. At the time the board packet is distributed to the board members, the board shall file the board packet in the board's office for public inspection and provide notice that the board packet is available to persons requesting notification of meetings pursuant to section 92-7(e). When the board packets are filed in the board's office, the board shall provide reasonably prompt access to the board packet to any person upon request. To the greatest extent feasible, the board shall accommodate requests for electronic access to the board packet.
For purposes of this section, "board packet" means documents that are compiled by the board and distributed to board members before a meeting for use at that meeting; provided that this section shall not require public access to license applications or information protected from disclosure under chapter 92F."
SECTION 2. Section 92-3, Hawaii Revised Statutes, is amended to read as follows:
"§92-3 Open meetings. Every
meeting of all boards shall be open to the public and all persons shall be
permitted to attend any meeting unless otherwise provided in the constitution
or as closed pursuant to sections 92-4 and 92-5; provided that the removal of
any person or persons who wilfully disrupts a meeting to prevent and compromise
the conduct of the meeting shall not be prohibited. The boards shall afford
all interested persons an opportunity to submit data, views, or arguments, in
writing, on any agenda item. The boards shall also afford all interested
persons an opportunity to present oral testimony on any agenda item[.];
provided that oral testimony shall be allowed for each agenda item separately
and at the time the item is first brought up for discussion at the meeting.
The boards may provide for reasonable administration of oral testimony by
rule."
SECTION 3. 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, emergency, 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, and in the case of an executive meeting the purpose shall be
stated. If an item to be considered is the proposed adoption, amendment, or
repeal of administrative rules, an agenda meets the requirements for public
notice pursuant to this section if it contains a statement on the topic of the
proposed rules or a general description of the subjects involved, as described
in section 91-3(a)(1)(A), and a statement of when and where the proposed rules
may be viewed in person and on the Internet as provided in section 91-2.6. 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,]
No less than six calendar days prior to the meeting, the board shall post
the notice on an electronic calendar on a website maintained by the State or
the appropriate county 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. The board shall
provide a copy of the notice to the office of the lieutenant governor or the
appropriate county clerk's office at the time the notice is posted, and the
office of the lieutenant governor or the appropriate clerk's office shall post
paper or electronic copies of all meeting notices in a central location in a
public building; provided that a failure to do so by the board, the office of
the lieutenant governor, or the appropriate county clerk's office shall not
require cancellation of the meeting.
(c) If the written public notice is [filed
in the office of the lieutenant governor or the appropriate county clerk's
office] electronically posted on an electronic calendar 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] and shall not be held. 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]. If
there is a dispute as to whether a notice was timely posted on an electronic
calendar maintained by the State or appropriate county, a printout of the
electronic time-stamped agenda shall be conclusive evidence of the electronic
posting date. The board shall provide a copy of the time stamp upon request.
(d) No board shall change the agenda, [once
filed,] less than six calendar days prior to the meeting, 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 mail addresses of persons who request notification
of meetings and shall mail or electronically mail a copy of the notice
to [such] the persons by the means chosen by the persons at
their last recorded postal or electronic mail address no later than the
time the agenda is [filed] required to be electronically posted under
subsection (b)."
SECTION 4. Section 92-8, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) If a board finds that an imminent peril to the public health, safety, or welfare requires a meeting in less time than is provided for in section 92-7, the board may hold an emergency meeting provided that:
(1) The board states in writing the reasons for its findings;
(2) Two-thirds of all members to which the board is entitled agree that the findings are correct and an emergency exists;
(3) An emergency agenda and the findings are [filed
with the office of the lieutenant governor or the appropriate county clerk's
office, and in the board's office; and] electronically posted pursuant
to section 92-7(b); provided that the six calendar day requirement for filing
and electronic posting shall not apply; and
(4) Persons requesting notification on a regular basis are contacted by postal or electronic mail or telephone as soon as practicable.
(b) If an unanticipated event requires a board to take action on a matter over which it has supervision, control, jurisdiction, or advisory power, within less time than is provided for in section 92-7 to notice and convene a meeting of the board, the board may hold an emergency meeting to deliberate and decide whether and how to act in response to the unanticipated event; provided that:
(1) The board states in writing the reasons for its finding that an unanticipated event has occurred and that an emergency meeting is necessary and the attorney general concurs that the conditions necessary for an emergency meeting under this subsection exist;
(2) Two-thirds of all members to which the board is entitled agree that the conditions necessary for an emergency meeting under this subsection exist;
(3) The finding that an unanticipated event has
occurred and that an emergency meeting is necessary and the agenda for the
emergency meeting under this subsection are [filed with the office of the
lieutenant governor or the appropriate county clerk's office, and in the board's
office;] electronically posted pursuant to section 92-7(b); provided
that the six calendar day requirement for filing and electronic posting shall
not apply;
(4) Persons requesting notification on a regular basis are contacted by postal or electronic mail or telephone as soon as practicable; and
(5) The board limits its action to only that action which must be taken on or before the date that a meeting would have been held, had the board noticed the meeting pursuant to section 92-7."
SECTION 5. Section 92-9, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) The minutes shall be made
available to the public [records and shall be available] by
posting on the board's website or, if the board does not have a website, on an
appropriate state or county website within [thirty] forty
days after the meeting except where such disclosure would be inconsistent with
section 92-5; provided that a written summary shall accompany any minutes
that are posted in a digital or analog recording format and shall include any
significant actions taken by the board including motions and votes made by the
board; provided further that minutes of executive meetings may be
withheld so long as their publication would defeat the lawful purpose of the
executive meeting, but no longer.
(c) All or any part of a meeting of a board
may be recorded by any person in attendance by [means of a tape recorder or]
any [other] means of [sonic] reproduction, except when a meeting
is closed pursuant to section 92-4; provided the recording does not actively
interfere with the conduct of the meeting."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050.
Report Title:
Sunshine Law; Public Agency Meetings and Records; Electronic Information; Emergency Meetings; Board Packets; Open Meetings
Description:
Requires board packets be made available for public inspection and provide notice of the availability of board packets. Requires boards to allow oral testimony to be presented on agenda items separately and at the time the item is first brought up for discussion at the meeting. Establishes notice and disclosure requirements for emergency meetings. Clarifies notice filing requirements, allows electronic mailing of meeting notices, and requires electronic posting of meeting notices, cancellation notices, and meeting minutes. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
