Bill Text: HI HB308 | 2018 | Regular Session | Amended
Bill Title: Relating To Public Agency Meetings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-03-15 - Received notice of discharge of conferees (Hse. Com. No. 385). [HB308 Detail]
Download: Hawaii-2018-HB308-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
308 |
|
TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 1 |
|
|
STATE OF HAWAII |
S.D. 2 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO PUBLIC AGENCY MEETINGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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) 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) Board members present at a meeting that must be canceled for lack of quorum or terminated pursuant to section 92-3.5(c) may nonetheless receive testimony and presentations on items on the agenda and question the testifiers or presenters; provided that:
(1) Deliberation or decisionmaking on any item, for which testimony or presentations are received, occurs only at a duly noticed meeting of the board held subsequent to the meeting at which the testimony and presentations were received;
(2) The members present shall create a record of the oral testimony or presentations in the same manner as would be required by section 92-9 for testimony or presentations heard during a meeting of the board; and
(3) Before its deliberation or decisionmaking at a subsequent meeting, the board shall:
(A) Provide copies of the testimony and presentations received at the canceled meeting to all members of the board; and
(B) Receive a report by the members who were present at the canceled or terminated meeting about the testimony and presentations received.
(e) Two or more members of a board, but less
than the number of members [which] that would constitute a quorum
for the board, may attend an informational meeting or presentation on matters
relating to official board business, including a meeting of another entity,
legislative hearing, convention, seminar, or community meeting; provided that
the meeting or presentation is not specifically and exclusively organized for
or directed toward members of the board. The board members in attendance may
participate in discussions, including discussions among themselves; provided
that the discussions occur during and as part of the informational meeting or
presentation; and provided further that no commitment relating to a vote on the
matter is made or sought.
At the next duly noticed meeting of the board, the board members shall report their attendance and the matters presented and discussed that related to official board business at the informational meeting or presentation.
(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.
(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.
(h) A member of a county council may provide other members of the council any government record open to public inspection under chapter 92F; provided that:
(1) The government record was created by a person other than an officer or employee of the county council;
(2) No additional discussion is added to the government record other than a neutral statement in the transmittal that identifies the government record and the related matter of official business;
(3) No commitment relating to a vote on the matter is made or sought;
(4) The transmission of the government record between council members occurs during business hours and concurrently, the transmittal document and government record are filed in the council's office for public inspection;
(5) The transmittal document and government record filed in the council's office shall be accessible to the public no less than twenty-four hours before any matter to which the record relates is discussed at a council meeting; and
(6) The transmittal document and government record filed in the council's office shall upon request be electronically mailed to requestors.
[(h)] (i) Communications,
interactions, discussions, investigations, and presentations described in this
section are not meetings for purposes of this part."
SECTION 2. Section 279D-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Participation by members of any
other board in a meeting of a policy board shall be permitted interaction as
provided in section [92-2.5(h).] 92-2.5(i)."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050; provided that on June 30, 2019, sections 1 and 2 of this Act shall be repealed and sections 92-2.5 and 279D-9(b), Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day before the effective date of this Act.
Report Title:
Hawaii State Association of Counties Package; Public Agency Meetings; Permitted Interactions; Government Records; County Councils
Description:
Allows county council members to transmit certain government records to other county council members under specified conditions. Effective 7/1/2050. Sunsets on 6/30/2019. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
