Bill Text: HI SB2289 | 2014 | Regular Session | Amended
Bill Title: Sunshine Law; Notice
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-02-13 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL/WAM. [SB2289 Detail]
Download: Hawaii-2014-SB2289-Amended.html
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THE SENATE |
S.B. NO. |
2289 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC AGENCY MEETINGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that boards and commissions have a duty to ensure that meeting notices are readily available to the public under sunshine law in chapter 92, Hawaii Revised Statutes. Existing law requires boards and commissions to maintain a list of names and addresses of persons who request notification of meetings and to mail a copy of the meeting notice to these persons when a meeting agenda is filed. Postage is becoming cost prohibitive, especially when electronic mail is a more efficient and effective alternative to conventional mail. If electronic mailing of meeting notices is allowed, boards and commissions will be able to save money. Furthermore, electronic notices maximize the convenience for members of the public who are relying more on receiving mail through electronic means and may improve public access to and attendance of board and commission meetings.
The purpose of this Act is to improve the ability of boards and commissions to make meeting notices readily available to the public by requiring boards and commissions to provide notice of a meeting by postal mail or electronic mail at least six calendar days before a public meeting.
SECTION 2. Section 92-7, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) The board shall maintain a list of
names and postal or electronic mailing addresses of persons who request
notification of meetings and shall [mail] transmit a copy of the
notice to [such] these persons at their last recorded postal
or electronic mailing address [no later than the time the agenda is
filed under subsection (b).] at least six calendar days before the
meeting."
SECTION 3. Section 92-8, Hawaii Revised Statutes, is amended by amending subsection (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
(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;
(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 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:
Sunshine Law; Notice
Description:
Requires that boards and commissions provide notice of a meeting by postal or electronic mail at least six calendar days before a public meeting. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
