Report Title:

Sunshine Law

Description:

Allows for two or more members to attend a meeting to gather information on a subject.  Allows a greater number of members to serve on an investigative committee.

HOUSE OF REPRESENTATIVES	H.B. NO.	1779
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to sunshine law.

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

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

     "§92-2.5 Permitted interactions of members.  (a)  Two members of a board may discuss between themselves matters relating to official board 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.  More than one board member may attend the same meeting, as long as each member's intent is to gather information and to pose questions in efforts to undertake steps for due diligence and stated duties faithfully.   

     (b)  Two or more members of a board[, but less than the number of members which would constitute a quorum for the board,] may be assigned to:

     (1)  Investigate a matter relating to the official business of their board; provided that:

         (A)  The scope of the investigation and the scope of each member's authority are defined at a meeting of the board;

         (B)  All resulting findings and recommendations are presented to the board at a meeting of the board; and

         (C)  Deliberation and decision making on the matter

              investigated, if any, occurs only at a duly noticed meeting of the board held subsequent to the meeting at which the findings and recommendations of the investigation were presented to the board; or

     (2)  Present, discuss, or negotiate any position which the board has adopted at a meeting of the board; provided that the assignment is made and the scope of each member's authority is defined at a meeting of the board prior to the presentation, discussion or negotiation.

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2007.

INTRODUCED BY:

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