REPORT TITLE:



DESCRIPTION:


 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO OPEN MEETINGS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that the "slice waste and
 
 2 tape" or "SWAT" regulatory reform initiative within the
 
 3 lieutenant governor's office is designed to improve state
 
 4 government by eliminating null and void, unnecessary, ineffective
 
 5 and overly complex administrative rules that deter economic
 
 6 development and hamper government efficiency.  The intent of this
 
 7 initiative is to reduce the burden of government regulation and
 
 8 minimize its negative effects on Hawaii's residents, businesses,
 
 9 the economy, and government operations.  Strategies to achieve
 
10 these objectives include such measures as improving public access
 
11 to rules, eliminating unnecessary rules, and reviewing and
 
12 overhauling the rulemaking process.
 
13      In 1994, the legislature recognized that allowing boards and
 
14 commissions to hold meetings by videoconference would help to
 
15 increase public access to such meetings, reduce costs, and help
 
16 government to operate more efficiently and effectively.  Act 121,
 
17 Session Laws of Hawaii (1994), codified as section 92-3.5, Hawaii
 
18 Revised Statutes, permits boards to meet by videoconference and
 
19 provides specific requirements for holding such meetings.
 

 
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 1 However, section 92-3.5(d) mandates that any board wishing to
 
 2 hold meetings by videoconference first adopt unspecified
 
 3 additional rules pursuant to chapter 91, Hawaii Revised Statutes,
 
 4 the Hawaii Administrative Procedure Act.  To date, no board has
 
 5 gone through the rulemaking process to adopt additional rules for
 
 6 holding meetings by videoconference, and because of this no board
 
 7 has been able to take advantage of section 92-3.5's efficiencies
 
 8 and economies.
 
 9      The purpose of this Act is to implement one of the
 
10 lieutenant governor's initiatives to eliminate unnecessary rules
 
11 and requirements.  In this case, the rulemaking mandated by
 
12 section 92-3.5(d) is unnecessary given the protections provided
 
13 in section 92-3.5 (a), (b), and (c), as well as the other
 
14 provisions of chapter 92, Hawaii Revised Statutes.  The
 
15 legislature finds that this Act will help to increase public
 
16 access to meetings of boards and commissions, reduce costs, and
 
17 help government to operate more efficiently and effectively.
 
18      SECTION 2.  Section 92-3.5, Hawaii Revised Statutes, is
 
19 amended by amending subsection (d) to read as follows:
 
20      "(d)  [Each board shall adopt rules in accordance with
 
21 chapter 91 regarding the use of and the procedures to be followed
 
22 in a meeting held by videoconference, before the meetings are
 
23 held.]  A board may adopt rules in accordance with chapter 91 to
 

 
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 1 prescribe additional procedures for conducting meetings by
 
 2 videoconference."
 
 3      SECTION 3.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 4.  This Act shall take effect upon its approval.
 
 6 
 
 7                       INTRODUCED BY:  ___________________________
 

 
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