REPORT TITLE:
Public Notice


DESCRIPTION:
Exempts counties from publication of notice requirements.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2243
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PUBLICATION OF NOTICE.
 


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

 1      SECTION 1.  The legislature finds that Act 2, Session Laws
 
 2 of Hawaii 1998, and Act 160, Session Laws of Hawaii 1999, amended
 
 3 the laws on the publication of notice.  As a result of these
 
 4 changes, counties must place public notices in a daily or weekly
 
 5 publication in the affected county.  Under the current selection
 
 6 process for the Island of Hawaii, the weekly publication
 
 7 designated does not reach large portions of the Island of Hawaii,
 
 8 including the communities of Captain Cook, Hakalau, Hawaii
 
 9 National Park, Hawi, Holualoa, Honaunau, Honokaa, Honomu, Kapaau,
 
10 Kealakekua, Keauhou, Kurtistown, Laupahoehoe, Mountain View,
 
11 Naalehu, Ninoole, Ocean View, Ookala, Paauhau, Paauilo, Pahala,
 
12 Pahoa, Papaaloa, Pepeekeo, Volcano, and Waikoloa.
 
13      The legislature further finds that the current provisions of
 
14 the law are ineffective, inefficient, and deprive the residents
 
15 of the Island of Hawaii from timely access to government
 
16 information.  This is in direct contrast to the intent of Act 2,
 
17 which is to keep the public informed.
 
18      The purpose of this Act is to exempt the counties from the
 
19 publication of notice requirements.
 

 
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                                     S.B. NO.           2243
                                                        
                                                        

 
 1      SECTION 2.  Section 1-28.5, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By amending subsections (a) and (b) to read:
 
 4      "(a)  Notwithstanding any other statute, law, [charter
 
 5 provision, ordinance,] or rule to the contrary, whenever a
 
 6 government agency is required to give public notice or to publish
 
 7 notice, the notice shall be given only as follows:
 
 8      (1)  For statewide publication:
 
 9           (A)  In a daily or weekly publication of statewide
 
10                circulation; or
 
11           (B)  By publication in separate daily or weekly
 
12                publications whose combined circulation is
 
13                statewide;
 
14           and
 
15      (2)  For county-wide publication, by publication in a daily
 
16           or weekly publication in the affected county.
 
17 Additional supplemental notice may also be given through Hawaii
 
18 FYI, the State's interactive computer system.
 
19      (b)  For purposes of this section, the comptroller pursuant
 
20 to chapter 103D shall determine a publication for all government
 
21 agencies to enable the public to go to one source of publication
 
22 for published public notice by a government agency on each
 
23 island."
 

 
Page 3                                                     
                                     S.B. NO.           2243
                                                        
                                                        

 
 1      2.  By amending subsection (e) to read:
 
 2      "(e)  For purposes of this section, "government agency"
 
 3 means each department, board, commission, or officer of the State
 
 4 [or any of its political subdivisions.] and does not include the
 
 5 counties."
 
 6      SECTION 3.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 4.  This Act shall take effect upon its approval.
 
 9 
 
10                       INTRODUCED BY:  ___________________________