Report Title:

Public Agencies; Sunshine Laws

Description:

Allows any number of board members of a public agency to serve on a committee of that agency.

THE SENATE	S.B. NO.	1069
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE SUNSHINE LAW.

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

     SECTION 1.  The legislature finds that under 92-2.5(b), Hawaii Revised Statutes, which provides that two or more, but less than a quorum of board members may be assigned to investigate a matter relating to the official business of their board, the majority of the board members are dependent upon the minority's interpretation of the facts, giving the minority an unfair advantage over the majority.

     Therefore, 92-2.5(b), Hawaii Revised Statutes, should be amended to allow any member to participate in a committee regardless of whether the number serving on the committee constitutes a minority, majority, or the whole of the total board membership.

     SECTION 2.  Section 92-2.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  [Two or more] Any number of 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 decisionmaking 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 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  Statutory material to be repealed is bracketed and stricken.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.

INTRODUCED BY:

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