Bill Text: HI HB991 | 2018 | Regular Session | Introduced
Bill Title: Relating To Open Government.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [HB991 Detail]
Download: Hawaii-2018-HB991-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
991 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO OPEN GOVERNMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 92, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§92- Board packet; filing. At the time the board packet is distributed to the board members, the board shall file the board packet in the board's office for public inspection and provide access to either an electronic or a hard copy to persons requesting notification pursuant to section 92-7(e)."
SECTION 2. Section 92-3, Hawaii Revised Statutes, is amended to read as follows:
"§92-3 Open meetings[.] and
participation. Every meeting of all boards shall be open to the public
and all persons shall be permitted to attend any meeting unless otherwise
provided in the constitution or as closed pursuant to sections 92-4 and 92‑5;
provided that the removal of any person or persons who wilfully [disrupts]
disrupt a meeting to prevent and compromise the conduct of the meeting
shall not be prohibited. The boards shall afford all interested persons an
opportunity to view, either electronically or in hard copy, documents,
reports, and proposals under consideration at the meeting at the time the board
packet is made available to the board members. The boards shall also afford
all interested persons an opportunity to submit data, views, or arguments,
in writing, on any agenda item. The boards shall also afford all interested
persons an opportunity to present oral testimony on any agenda item. The
boards may provide for reasonable administration of oral testimony by rule.
For purposes of this section, "board packet" means documents subject to disclosure under chapter 92F, or disclosable portions thereof, that are compiled by the board and distributed to board members before a meeting for use at that meeting."
SECTION 3. Section 92-7, Hawaii Revised Statutes, is amended to read as follows:
"§92-7 Notice. (a) The board shall give written public notice of any regular, special, emergency, or rescheduled meeting, or any executive meeting when anticipated in advance. The notice shall include an agenda which lists all of the items to be considered at the forthcoming meeting, the date, time, and place of the meeting, and in the case of an executive meeting the purpose shall be stated. If an item to be considered is the proposed adoption, amendment, or repeal of administrative rules, an agenda meets the requirements for public notice pursuant to this section if it contains a statement on the topic of the proposed rules or a general description of the subjects involved, as described in section 91-3(a)(1)(A), and a statement of when and where the proposed rules may be viewed in person and on the Internet as provided in section 91-2.6. The means specified by this section shall be the only means required for giving notice under this part notwithstanding any law to the contrary.
(b) [The] No less than six calendar
days before the meeting, the board shall [file]:
(1) File the notice in the office of
the lieutenant governor or the appropriate county clerk's office[,] and
in the board's office for public inspection[, at least six calendar days
before the meeting.]; and
(2) Post the notice on the electronic calendar on the State's internet website maintained by the State or the appropriate county's internet website maintained by that respective county.
The notice shall also be posted at the site of the meeting whenever feasible.
(c) If the written public notice is filed [in
the office of the lieutenant governor or the appropriate county clerk's office]
or electronically posted less than six calendar days before the meeting,
the lieutenant governor or the appropriate county clerk shall immediately
notify the chairperson of the board, or the director of the department within
which the board is established or placed, of the tardy filing or electronic
posting of the meeting notice. The meeting shall be canceled as a matter
of law[, the] and shall not be held. The chairperson or the
director shall ensure that a notice canceling the meeting is filed in the
office of the lieutenant governor or the appropriate county clerk's office,
electronically posted on the electronic calendar maintained by the State or
appropriate county, and posted at the place of the meeting[, and no
meeting shall be held]. If there is a dispute as to whether a notice
was timely posted on an electronic calendar maintained by the State or
appropriate county, a printout of the electronic time-stamped agenda shall be
conclusive evidence of the electronic posting date.
(d) No board shall change the agenda, once
filed[,] or electronically posted, by adding items thereto without
a two-thirds recorded vote of all members to which the board is entitled;
provided that no item shall be added to the agenda if it is of reasonably major
importance and action thereon by the board will affect a significant number of
persons. Items of reasonably major importance not decided at a scheduled
meeting shall be considered only at a meeting continued to a reasonable day and
time.
(e) The board shall maintain a list of names
and postal or electronic mail addresses of persons who request notification
of meetings and shall mail or electronically mail a copy of the notice
to such persons at their last recorded postal or electronic mail address
no later than the time the agenda is filed or electronically posted
under subsection (b)[.]; provided that the board shall allow a person
to continue to receive a copy of the notice via postal mail rather than
electronic mail upon request of the person."
SECTION 4. Section 92-8, Hawaii Revised Statutes, is amended by amending subsections (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 electronically posted pursuant to
section 92-7(b), excluding the six-calendar day filing and electronic posting
requirement; 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;] and electronically posted pursuant to section 92-7(b),
excluding the six-calendar day filing and electronic posting requirement;
(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 5. Section 92-9, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) The minutes shall be public records publicly posted on the board's website, or if the board does not have a website, a designated website maintained by the State or appropriate county and shall be available within thirty days after the meeting, regardless of whether the board has formally reviewed or approved the minutes, except where such disclosure would be inconsistent with section 92-5; provided that minutes of executive meetings may be withheld so long as their publication would defeat the lawful purpose of the executive meeting, but no longer. If the minutes are not publicly posted and available within thirty days of the meeting, the board shall be prohibited from meeting again until the minutes are posted and shall post a new meeting notice for any subsequently scheduled meetings pursuant to section 92-7(b). If there is a dispute as to whether minutes were timely posted on an electronic calendar maintained by the State or appropriate county, a printout of the electronic time-stamped minutes shall be conclusive evidence of the electronic posting date.
(c) All or any part of a meeting of a board
may be recorded by any person in attendance by any means of [a tape
recorder or any other means of sonic] reproduction, except when a meeting
is closed pursuant to section 92-4; provided the recording does not actively
interfere with the conduct of the meeting."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on January 1, 2018.
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INTRODUCED BY: |
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Report Title:
Public Access to Board Meetings; Meeting Notice; Meeting Minutes; Electronic Filing
Description:
Allows the electronic mailing and posting of meeting notices; requires the posting of the meeting notice and minutes on the state or appropriate county websites; and increases public access to information before a public hearing by a board. Effective January 1, 2018.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
