REPORT TITLE:
OIP; Public Meetings


DESCRIPTION:
Amends executive session provisions of public open meetings law
and makes an appropriation for the office of information
practices. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2522
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO OFFICE OF INFORMATION PRACTICES.



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

 1      SECTION 1.  The legislature finds that the office of
 
 2 information practices (OIP) has as one of its primary functions
 
 3 the implementation and administration of the public records law
 
 4 to promote open government while protecting the individual's
 
 5 constitutional right to privacy.  The legislature further finds
 
 6 that chapter 92, Hawaii Revised Statutes, assures that the public
 
 7 interest of open government is protected by providing that public
 
 8 meetings be open, and if closed, be so only under strict
 
 9 exceptions to the general rule.  The legislature believes that it
 
10 is necessary and appropriate for the OIP to assist the public by
 
11 ensuring that the requirements of the public meetings law are
 
12 understood by both the public and the affected agencies.
 
13      The purpose of this Act is to require that:  the specific
 
14 reasons be given for holding an executive meeting that is closed
 
15 to the public; public summaries of executive meetings and the
 
16 vote, if any, be included in minutes; and any action resulting
 
17 from wilful violation of the foregoing requirements would be
 
18 voidable.  Additionally, this Act appropriates funds to the OIP
 
19 to support their existing statutory authority and
 

 
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 1 responsibilities with regards to public records and open
 
 2 meetings laws.
 
 3      SECTION 2.  Section 92-4, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "§92-4 Executive meetings.  A board may hold an executive
 
 6 meeting closed to the public upon an affirmative vote, taken at
 
 7 an open meeting, of two-thirds of the members present; provided
 
 8 the affirmative vote constitutes a majority of the members to
 
 9 which the board is entitled.  A meeting closed to the public
 
10 shall be limited to matters exempted by section 92-5.  The
 
11 [reason] specific reasons under section 92-5 for holding such a
 
12 meeting shall be publicly announced and entered into the minutes
 
13 of the meeting, and the vote of each member on the question of
 
14 holding a meeting closed to the public shall be recorded, and
 
15 entered into the minutes of the meeting."
 
16      SECTION 3.  Section 92-9, Hawaii Revised Statutes, is
 
17 amended by amending subsection (a) to read as follows:
 
18      "(a)  The board shall keep written minutes of all meetings.
 
19 Summaries of any executive meeting shall be included in the
 
20 minutes and shall be made public.  Unless otherwise required by
 
21 law, neither a full transcript nor a recording of the meeting is
 
22 required, but the written minutes shall give a true reflection of
 
23 the matters discussed at the meeting and the views of the
 

 
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 1 participants.  The minutes shall include, but need not be limited
 
 2 to:
 
 3      (1)  The date, time and place of the meeting;
 
 4      (2)  The members of the board recorded as either present or
 
 5           absent;
 
 6      (3)  The substance of all matters proposed, discussed, or
 
 7           decided; and a record, by individual member, of any
 
 8           votes taken; [and]
 
 9      (4)  Any other information that any member of the board
 
10           requests be included or reflected in the minutes[.];
 
11           and
 
12      (5)  The specific reasons under section 92-5 for holding any
 
13           executive meeting, the vote of each member on the
 
14           question to do so, and a description of the executive
 
15           meeting including whether or not discussion was held
 
16           and whether or not votes were taken."
 
17      SECTION 4.  Section 92-11, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "§92-11  Voidability.  Any final action taken in violation
 
20 of sections 92-3 [and], 92-4, 92-7, and 92-9 shall be voidable
 
21 upon proof of wilful violation.  A suit to void any final action
 
22 shall be commenced within ninety days of the action."
 
23      SECTION 5.  There is appropriated out of the general
 
24 revenues of the State of Hawaii the sum of $       , or so much
 

 
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                                                        S.D. 1
                                                        

 
 1 thereof as may be necessary for fiscal year 2000-2001, for the
 
 2 office of information practices.  The sum appropriated shall be
 
 3 expended by the Hawaii state legislature for the purposes of this
 
 4 Act.
 
 5      SECTION 6.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 7.  This Act shall take effect on July 1, 2000.