Bill Text: HI SB2111 | 2022 | Regular Session | Amended


Bill Title: Relating To Public Notices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-03-15 - The committee(s) on JHA recommend(s) that the measure be deferred. [SB2111 Detail]

Download: Hawaii-2022-SB2111-Amended.html

THE SENATE

S.B. NO.

2111

THIRTY-FIRST LEGISLATURE, 2022

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC NOTICES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The purpose of this Act is to provide government agencies the option to publish notice via a posting on their official website, in lieu of or in addition to publication in daily or weekly publication, such as a printed newspaper.  Electronic posting is more expedient and cost‑effective, particularly for routine but time-sensitive situations, such as postings of clean water environmental hazard advisories, as well as in more urgent conditions, such as disaster-related response and recovery activities.

     The legislature affirms that under general rules of statutory construction, where two statutes conflict, the more specific statute is followed.  As a result, since section 1‑28.5, Hawaii Revised Statutes, is a general statute, this Act is not intended to supersede procedures that, for example, assure transparency in public administration, such as chapter 91, Hawaii Revised Statutes, "Administration Procedures," and chapter 92, Hawaii Revised Statutes, "Public Agency Meetings and Records."

     SECTION 2.  Section 1-28.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Notwithstanding any other statute, law, charter provision, ordinance, or rule to the contrary, whenever a government agency is required to give public notice or to publish notice, the notice shall be given only as follows:

     (1)  For statewide publication:

          (A)  In a daily or weekly publication of statewide circulation; or

          (B)  By publication in separate daily or weekly publications whose combined circulation is statewide; [and]

     (2)  For county-wide publication, by publication in a daily or weekly publication in the affected county[.

Additional supplemental notice may also be given through Hawaii FYI, the State's interactive computer system.]; or

     (3)  For statewide or county publication of public notices, as applicable, by posting on an electronic calendar or an official website for legal notices maintained by the State or the appropriate county; provided that the government agency shall:

          (A)  Evaluate and document the rationale for posting only online if the subject of the public notice is likely to impact persons with limited, inconsistent, or unreliable broadband access or significant inexperience with broadband-enabled telecommunications;

          (B)  Post documents in accessible formats on an accessible official website; and

          (C)  Provide a disclaimer in any public notice from January 1, 2023, through June 30, 2023, that states that the government agency may begin to post online after July 1, 2023."

     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.


 


 

Report Title:

City and County of Honolulu Mayor's Package; Public Notices; Publication

 

Description:

Allows government agencies under certain circumstances to publish public notices on an official website as an alternative to a newspaper.  (SD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

 

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