THE SENATE |
S.B. NO. |
2167 |
TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GOVERNMENT RECORDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 92-2, Hawaii Revised
Statutes, is amended by amending the definition of "board" to read as
follows:
""Board" means any agency, county
council, board, commission, authority, or committee of the State or its
political subdivisions which is created by constitution, statute, rule, or executive
order, to have supervision, control, jurisdiction, or advisory power over
specific matters and which is required to conduct meetings and to take official
actions."
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]
decision making 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]
decision making 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] decision making 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 any government record that is open to public inspection under
chapter 92F; provided that:
(1) The record was
created by a person other than a member or employee of the county council;
(2) No additional
discussion is added to the record other than a neutral statement in the
transmittal to identify 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 government records between county council members occurs during
business hours;
(5) On the same day
the government record is transmitted to other county council members, the
transmittal document and government record shall be filed for public inspection
in the county council office. The public
shall have access to the transmittal document and government records at least
twenty-four hours before the county council meets to discuss matters relating
to the government records; and
(6) The transmittal
document and government record filed in the county council office shall, upon
request, be electronically transmitted to the requester.
[(h)] (i)
Communications, interactions, discussions, investigations, and
presentations described in this section are not meetings for purposes of this
part."
SECTION 3. 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 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Hawaii State Association of Counties Package; Sunshine Law; Government Records; Permitted Interactions
Description:
Allows a county council member to provide other council members with government records that are public record and created by persons who are not members or employees of the county council, subject to certain conditions. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.