SB1773 SD2

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Selection committees; public meeting and records; financial disclosure. A selection committee or similar group, but not including a board or commission and not including a procurement selection, evaluation, or review committee under chapter 103D, formed or convened by a county department, agency, commission, council, or the county executive for the purpose of making a recommendation on an ad hoc procurement of goods, services, or public works or construction, or making the actual decision on an ad hoc procurement of goods, services, or public works or construction in an amount in excess of $100,000 as authorized by county ordinance shall be subject to the county's ethics laws."

SECTION 2. Chapter 103, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§103- Selection committees; public meeting and records; financial disclosure. A selection committee or similar group, but not including a board or commission and not including a procurement selection, evaluation, or review committee under chapter 103D, formed or convened by a state or county department, agency, commission, council, or the state or county executive for the purpose of making a recommendation on an ad hoc procurement of goods, services, or public works or construction, or making the actual decision on an ad hoc procurement of goods, services, or public works or construction in an amount in excess of $100,000 under this chapter shall be subject to chapters 84, 92, and 92F, as provided by law."

SECTION 3. Chapter 103D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§103D- A selection committee; public meeting and records; financial disclosure. A selection committee or similar group, but not including a board or commission and not including a procurement selection, evaluation, or review committee under this chapter, formed or convened by a state or county department, agency, commission, council, or the state or county executive for the purpose of making a recommendation on an ad hoc procurement of goods, services, or public works or construction, or making the actual decision on an ad hoc procurement of goods, services, or public works or construction in an amount in excess of $100,000 under this chapter shall be subject to chapters 84, 92, and 92F, as provided by law."

SECTION 4. Section 84-17, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) The following persons shall file annually with the state ethics commission a disclosure of financial interests:

(1) The governor, the lieutenant governor, the members of the legislature, and delegates to the constitutional convention; provided that delegates to the constitutional convention shall only be required to file initial disclosures;

(2) The directors and their deputies, the division chiefs, the executive directors and the executive secretaries and their deputies, the purchasing agents and the fiscal officers, regardless of the titles by which the foregoing persons are designated, of every state agency and department;

(3) The permanent employees of the legislature and its service agencies, other than persons employed in clerical, secretarial, or similar positions;

(4) The administrative director of the State, and the assistants in the office of the governor and the lieutenant governor, other than persons employed in clerical, secretarial, or similar positions;

(5) The hearings officers of every state agency and department;

(6) The president, the vice presidents, assistant vice presidents, the chancellors, and the provosts of the University of Hawaii and its community colleges;

(7) The superintendent, the deputy superintendent, the assistant superintendents, the complex area superintendents, the state librarian, and the deputy state librarian of the department of education;

(8) The administrative director and the deputy director of the courts;

(9) The members of every state board or commission whose original terms of office are for periods exceeding one year and whose functions are not solely advisory;

(10) Candidates for state elective offices, including candidates for election to the constitutional convention, provided that candidates shall only be required to file initial disclosures; [~~and~~]

(11) The administrator and assistant administrator of the office of Hawaiian affairs[.]; and

(12) Members of a selection committee or similar group, but not including a board or commission and not including a procurement selection, evaluation, or review committee under chapter 103D, formed or convened by a state department, agency, commission, council, or the state executive for the purpose of making a recommendation on an ad hoc procurement of goods, services, or public works or construction, or making the actual decision on an ad hoc procurement of goods, services, or public works or construction in an amount in excess of $100,000 under chapter 103 or 103D.

(d) The financial disclosure statements of the following persons shall be public records and available for inspection and duplication:

(1) The governor, the lieutenant governor, the members of the legislature, candidates for and delegates to the constitutional convention, the members of the board of education, the trustees of the office of Hawaiian affairs, and candidates for state elective offices;

(2) The directors of the state departments and their deputies, regardless of the titles by which the foregoing persons are designated; provided that with respect to the department of the attorney general, the foregoing shall apply only to the attorney general and the first deputy attorney general;

(3) The administrative director of the State;

(4) The president, the vice presidents, the assistant vice presidents, the chancellors, and the provosts of the University of Hawaii;

(5) The superintendent, the deputy superintendent, the state librarian, and the deputy state librarian of the department of education;

(6) The administrative director and the deputy director of the courts; [~~and~~]

(7) The administrator and the assistant administrator of the office of Hawaiian affairs[.]; and

(8) Members of a selection committee or similar group, but not including a board or commission and not including a procurement selection, evaluation, or review committee under chapter 103D, formed or convened by a state department, agency, commission, council, or the state executive for the purpose of making a recommendation on an ad hoc procurement of goods, services, or public works or construction, or making the actual decision on an ad hoc procurement of goods, services, or public works or construction in an amount in excess of $100,000 under chapter 103 or 103D."

SECTION 5. Section 92-3, Hawaii Revised Statutes, is amended to read as follows:

"§92-3 Open meetings. (a) Every meeting of all boards shall be open to the public and all persons shall be permitted to attend any meeting unless otherwise provided in the constitution or as closed pursuant to sections 92-4 and 92-5; provided that the removal of any person or persons who wilfully disrupts a meeting to prevent and compromise the conduct of the meeting shall not be prohibited. The boards shall afford all interested persons an opportunity to submit data, views, or arguments, in writing, on any agenda item. The boards shall also afford all interested persons an opportunity to present oral testimony on any agenda item. The boards may provide for reasonable administration of oral testimony by rule.

(b) Members of an a selection committee or similar group, but not including a board or commission and not including a procurement selection, evaluation, or review committee under chapter 103D, formed or convened by a state or county department, agency, commission, council, or the state or county executive for the purpose of making a recommendation on an ad hoc procurement of goods, services, or public works or construction, or making the actual decision on an ad hoc procurement of goods, services, or public works or construction in an amount in excess of $100,000 under chapter 103 or 103D, shall be subject to this section; provided that an ad hoc purchase committee or similar group under this subsection shall give written public notice of any meeting; provided further that the notice shall include an agenda, and the date, time, and place of the meeting; and provided further that the notice shall be filed in the office of the lieutenant governor or the appropriate county clerk's office for public inspection at least six calendar days before the meeting."

SECTION 6. Section 92F-11, Hawaii Revised Statutes, is amended to read as follows:

"[[]§92F-11[]] Affirmative agency disclosure responsibilities. (a) All government records are open to public inspection unless access is restricted or closed by law.

(b) Except as provided in section 92F-13, each agency upon request by any person shall make government records available for inspection and copying during regular business hours.

(c) Unless the information is readily retrievable by the agency in the form in which it is requested, an agency shall not be required to prepare a compilation or summary of its records.

(d) Each agency shall assure reasonable access to facilities for duplicating records and for making memoranda or abstracts.

(e) Each agency may adopt rules, pursuant to chapter 91, to protect its records from theft, loss, defacement, alteration, or deterioration and to prevent manifestly excessive interference with the discharge of its other lawful responsibilities and functions.

(f) Members of a selection committee or similar group, but not including a board or commission and not including a procurement selection, evaluation, or review committee under chapter 103D, formed or convened by a state or county department, agency, commission, council, or the state or county executive for the purpose of making a recommendation on an ad hoc procurement of goods, services, or public works or construction, or making the actual decision on an ad hoc procurement of goods, services, or public works or construction in an amount in excess of $100,000 under chapter 103 or 103D, shall be subject to subsections (a), (b), (c), and (d)."

SECTION 7. This Act, upon its approval, shall apply retroactively to any selection committee or similar group covered by this Act that is in existence at the date of the approval of this Act.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	1773
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 2
STATE OF HAWAII