Allows two members of a board to discuss between themselves matters relating to official board business if the two members do not constitute a quorum of their board. Provides that final actions taken in violation of open meeting and public notice requirements may be voidable upon proof of violation. (HB551 CD1)

A BILL FOR AN ACT

SECTION 1. Section 92-2.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Two members of a board may [communicate or interact privately] discuss between themselves [to gather information from each other about] matters relating to official board [matters] business to enable them to perform their duties faithfully, as long as no commitment to vote is made or sought[.] and the two members do not constitute a quorum of their board."

SECTION 2. Section 92-11, Hawaii Revised Statutes, is amended to read as follows:

"§92-11 Voidability. Any final action taken in violation of sections 92-3 and 92-7 [shall] may be voidable upon proof of [wilful] violation. A suit to void any final action shall be commenced within ninety days of the action."

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 Statutory material to be repealed is bracketed and stricken.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.