REPORT TITLE:
Public Access to Government


DESCRIPTION:
Proposes constitutional amendment to establish a public right of
access to government.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2728
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

PROPOSING A CONSTITUTIONAL AMENDMENT RELATING TO PUBLIC ACCESS TO
   GOVERNMENT.



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

 1      SECTION 1.  The legislature finds that the public right to
 
 2 access the workings of government should be open to the greatest
 
 3 extent possible.  Government rules only with the consent of the
 
 4 people, and so the people's interest in the system it supports
 
 5 should be paramount.
 
 6      The purpose of this Act is to elevate to constitutional
 
 7 rights under article I of the Hawaii state constitution, the
 
 8 public right to participate in any meeting held by a public body
 
 9 and the public right to inspect or copy records of such meetings.
 
10 These rights shall not be denied except as required to protect
 
11 rights of individuals guaranteed under the Constitution.
 
12      It is the intent of this Act to place on the ballot for the
 
13 next general election the issue of elevating this right to the
 
14 caliber of a constitutional right, and to establish a commission
 
15 on open government to enforce it.
 
16      SECTION 2.  The Constitution of the State of Hawaii is
 
17 amended by adding a new section to be appropriately designated
 
18 and to read as follows:
 

 
Page 2                                                     
                                     S.B. NO.           2728
                                                        
                                                        

 
 1                         "RIGHT OF ACCESS
 
 2      Section    .  No person shall be denied access to any
 
 3 meeting held by a public body for the purpose of deliberating or
 
 4 deciding on a matter of public interest, or be denied the right
 
 5 to inspect or copy any public record made or received in
 
 6 connection with official business of the public body or person
 
 7 acting on its behalf, except as shall be required to protect
 
 8 rights of individuals guaranteed under this constitution.
 
 9      There shall be a commission on open government established
 
10 by law to effectuate the rights guaranteed by this section."
 
11      SECTION 3.  The question to be printed on the ballot shall
 
12 be as follows:
 
13      "Shall the right of the people to attend meetings held by a
 
14      public body and to inspect and copy public records be
 
15      guaranteed by the state constitution and enforced by a
 
16      commission on open government?"
 
17      SECTION 4.  New constitutional material is underscored.
 
18      SECTION 5.  This amendment shall take effect upon compliance
 
19 with article XVII, section 3, of the Constitution of the State of
 
20 Hawaii.
 
21 
 
22                          INTRODUCED BY: _________________________