Bill Text: HI SB2636 | 2014 | Regular Session | Introduced

Hawaii Senate Bill 2636 (Prior Session Legislation)

Introduced

Bill Title: Sunshine Law; Continued Meetings; Notice

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2014-01-21 - Referred to JDL. [SB2636 Detail]

Download: Hawaii-2014-SB2636-Introduced.html

THE SENATE	S.B. NO.	2636
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

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 the public agency meetings law, which is more commonly known as the "sunshine law", is a procedural safeguard that protects the public's interest in government decision-making and prescribes a certain process for the formation and conduct of public policy to reliably protect the public's right to participate in their government. The sunshine law allows public agencies to continue discussion or decision-making of agenda items at another meeting on a reasonable date and time. However, the law does not specify whether public agencies are limited to only one continued meeting and whether specific notice procedures apply to a continued meeting.

The Hawaii Supreme Court held in Kanahele v. Maui County Council, 130 Haw. 228 (2013), that the legislature did not expressly limit the number of continuances permissible under sunshine law, but that "boards are constrained at all times by the spirit and purpose of the Sunshine Law". Furthermore, the court found that the sunshine law did not provide specific notice procedures for continued meetings, but stated that "if no notice was required for reconvened meetings, members of the public would effectively be shut out of the entire deliberation process", which would be contrary to the spirit and purpose of the sunshine law. Thus, the court held that while a continued meeting does not require a board to post a new agenda, the means chosen to notify the public of the continued meeting must be sufficient to ensure that meetings are conducted as openly as possible and in a manner that protects the people's right to know.

The purpose of this Act is to require boards to provide and file written notice of the date and time of a continued meeting for items of reasonably major importance not decided at a scheduled meeting.

SECTION 2. Section 92-7, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) No board shall change the agenda, once filed, 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[.] that is properly noticed pursuant to subsection (b)."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Sunshine Law; Continued Meetings; Notice

Description:

Requires boards to provide and file written notice of the date and time of a continued meeting for items of reasonably major importance not decided at a scheduled meeting.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.