Clarifies quorum requirement under sunshine law to allow for action to be taken by majority of members who have been appointed.

A BILL FOR AN ACT

SECTION 1. The legislature finds that current law requires that there be a "quorum" to do business and to vote on official business. In practice a quorum means there must be a majority of the membership present at the meeting to transact business. Such a practice does not allow for unfilled vacancies, which means the board cannot meet at all if there are too many vacancies, and it hinders voting.

Some boards and commissions run into difficulties making quorum when they have too many unfilled vacancies. This occasionally happens with neighborhood boards when people elected to the board resign, and it takes several meetings before a replacement can be chosen. During this period, no meetings can be held and no business transacted.

The purpose of this Act is to define a quorum to hold a meeting and to take a vote to exclude vacancies.

SECTION 2. Section 92-15, Hawaii Revised Statutes, is amended to read as follows:

"[[]§92-15[]] Boards and commissions; quorum; number of votes necessary to validate acts. Whenever the number of members necessary to constitute a quorum to do business, or the number of members necessary to validate any act, of any board or commission of the State or of any political subdivision thereof, is not specified in the law or ordinance creating the same or in any other law or ordinance, [a majority of] all the members to which the board or commission is statutorily entitled minus vacancies shall constitute a quorum to do business, and the concurrence of a majority of all the members to which the board or commission is statutorily entitled minus vacancies shall be necessary to make any action of the board or commission valid; provided that due notice shall have been given to all members of the board or commission or a bona fide attempt shall have been made to give the notice to all members to whom it was reasonably practicable to give the notice. This section shall not invalidate any act of any board or commission performed prior to April 20, 1937, which, under the general law then in effect, would otherwise be valid."

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 Statutory material to be repealed is bracketed and stricken.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.