Bill Text: HI SB2233 | 2012 | Regular Session | Amended
Bill Title: Electronic Information; Public Notice; Appropriations
Spectrum: Partisan Bill (Democrat 22-1)
Status: (Engrossed - Dead) 2012-03-23 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with Representative(s) Ching, Fontaine, McKelvey, Pine, Thielen, Ward voting aye with reservations; none voting no (0) and Representative(s) Herkes excused (1). [SB2233 Detail]
Download: Hawaii-2012-SB2233-Amended.html
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THE SENATE |
S.B. NO. |
2233 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO ELECTRONIC INFORMATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that if a government agency is required to give public notice or to publish notice, the agency must do so in a daily or weekly publication, either statewide or in a specific county, as appropriate. This requirement is costly for the State and counties, and does not take full advantage of enhancements in communications technology. Electronic posting of information has become commonplace because it is easy, efficient, and relatively inexpensive, and increases public access to the information. Requiring electronic posting of government notices on a newly-established centralized state website for statewide publication and on the website of the county for county-wide publication will provide better service to the public, while providing significant cost savings for state and county governments.
The purpose of this Act is to allow government agencies to give or publish notice electronically, or in a daily or weekly publication of statewide circulation or in a daily or weekly publication in the affected county, as appropriate.
SECTION 2. Section 1-28.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(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) By electronic or online publication on the centralized website of the State;
[(A)] (B) In a daily or weekly publication
of statewide circulation; or
[(B)] (C) By publication in
separate daily or weekly publications whose combined circulation is statewide;
and
(2) For county-wide publication[, by]:
(A) By electronic or online publication on the website of the affected county; or
(B) 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.] The public
notices and the websites shall be made accessible to the disabled, the elderly,
and other individuals who require state assistance to access the notices and
websites. An individual with a disability as defined in section 368-1.5(b),
shall be permitted to file a complaint with the Hawaii civil rights commission
if a notice or a website is not accessible to the individual due to an error by
the State."
2. By amending subsection (c) to read:
"(c) Whenever a public notice is
published [in a newspaper or other publication] as described in subsection
(a), proof of the publication shall be the affidavit of [the]:
(1) The printer, publisher, principal
clerk, or business manager of the newspaper or other publication or of the
designated agent of the group that published the notice[.]; or
(2) The designated representative of the government agency operating the centralized website of the State or the website of the affected county, as applicable; provided that if the notice is published on the centralized website of the State or the website of the affected county, the public notice shall include information or links to other locations of the electronic or online notice."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2012-2013 for the operational expenses of the office of information management and technology, including establishment of a centralized website of the State, to be administered by the office of information management and technology, including the following features: electronically-posted notices are time-stamped and protected to prevent alteration after filing; one data entry point with multiple destinations; 99.99 per cent reliability; reporting capabilities; integration with the state calendar; equal employment opportunity compliance; mapping and GIS integration; language translation; compliance with Americans with Disabilities Act federal requirements; a ten-year searchable archive; active postings of a notice are available for a period of three months; internet privacy; Electronic Discovery Law compliance; records management compliance, Federal Information Security Management Act of 2002 security management; Really Simple Syndication feeds to public access channels; and electronic or online publication of notice procedures are standardized to ensure the integrity of the filed notice.
The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2012-2013 for support services by the Hawaii state public library system for the public to access and print information from the centralized website, including Americans with Disabilities Act-compliant stations with accessible printers and workstations.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2012; provided that section 2 shall take effect on July 1, 2013.
Report Title:
Electronic Information; Public Notice; Appropriations
Description:
Authorizes government agencies to give or publish notice electronically or in a daily or weekly publication of statewide circulation, or in a daily or weekly publication in the affected county, as appropriate; appropriates funds for the operational expenses of the office of information management and technology; appropriates funds for the Hawaii state public library system for public access support services. Effective July 1, 2012, with electronic notice requirement to take effect on July 1, 2013. (SB2233 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
