Bill Text: HI HB1146 | 2010 | Regular Session | Introduced
Bill Title: Sunshine Law; Testimony; Quorum; Meetings; Permitted Interaction
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1146 Detail]
Download: Hawaii-2010-HB1146-Introduced.html
Report Title:
Sunshine Law; Testimony; Quorum; Meetings; Permitted Interaction
Description:
Allows members of a board or commission to hear public testimony and presentations on items listed on an agenda at the time and place stated in the notice where the meeting, as noticed, is canceled as a matter of law due to a lack of quorum.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1146 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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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. 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 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 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 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 may nonetheless receive testimony and presentations on items on the agenda; provided that:
(1) Deliberation and decisionmaking on any items for which testimony or presentations are received under this subsection shall occur only at a duly noticed meeting of the board held subsequent to the receipt of the testimony and presentations; and
(2) Before its deliberation and decisionmaking at a subsequent meeting:
(i) Copies of the testimony and presentations received at the canceled meeting are distributed to all members of the board; and
(ii) The members that were present at the canceled meeting report on the testimony and presentations received.
[(d)] (e) 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.
[(e)] (f) 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.
[(f)] (g) Communications,
interactions, discussions, investigations, and presentations described in this
section are not meetings for purposes of this part."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
