SB2371

SECTION 1. Chapter 92, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§92‑ Neighborhood boards; permitted activities. (a) Two or more, but fewer than a majority in any one given instance, of members of a neighborhood board overseen by the neighborhood commission of the city and county of Honolulu, may attend informational meetings or presentations on matters relating to official board business, including meetings given by another entity, seminars, and community meetings, provided that the presentation is not specifically organized for any member of the neighborhood board.

(b) During any meeting described in subsection (a), a neighborhood board member may participate in a discussion that is part of and conducted during the informational meeting or presentation, provided that the board member does not engage in deliberation or make any verbal or written commitment relating to board voting on any issue. Any board member who attends a meeting described in subsection (a) shall report the attendance and the matters presented at the appropriate subsequent neighborhood board meeting."

SECTION 2. Section 92-7, Hawaii Revised Statutes, is amended to read as follows:

"§92-7 Notice. (a) The board shall give written public notice of any regular, special, or rescheduled meeting, or any executive meeting when anticipated in advance. The notice shall include an agenda [~~which~~] that lists all of the items to be considered at the forthcoming meeting, the date, time, and place of the meeting, and in the case of an executive meeting the purpose shall be stated.

(b) The board shall file the notice in the office of the lieutenant governor or the appropriate county clerk's office, and in the board's office for public inspection, at least six calendar days before the meeting. The notice shall also be posted at the site of the meeting whenever feasible.

(c) If the written public notice is filed in the office of the lieutenant governor or the appropriate county clerk's office less than six calendar days before the meeting, the lieutenant governor or the appropriate county clerk shall immediately notify the chairperson of the board, or the director of the department within which the board is established or placed, of the tardy filing of the meeting notice. The meeting shall be canceled as a matter of law, the chairperson or the director shall ensure that a notice canceling the meeting is posted at the place of the meeting, and no meeting shall be held.

(d) No board, other than neighborhood boards described in subsection (f), shall change the agenda, once filed, by adding items thereto without a two-thirds recorded vote of all members to which the board is entitled; provided that no item shall be added to the agenda if it is of reasonably major importance and action thereon by the board will affect a significant number of persons. Items of reasonably major importance not decided at a scheduled meeting shall be considered only at a meeting continued to a reasonable day and time.

(e) The board shall maintain a list of names and addresses of persons who request notification of meetings and shall mail a copy of the notice to such persons at their last recorded address no later than the time the agenda is filed under subsection (b).

(f) Neighborhood boards overseen by the neighborhood commission of the city and county of Honolulu may:

(1) Designate in their agendas periods during which the board may receive public input on an issue not previously listed on the filed meeting notice. Any new matter raised during this period may be discussed and information on the matter may be received by the board, provided that the board does not engage in any decisionmaking relating to the matter until a later meeting when proper notice of the matter is given; and

(2) Discuss a major unanticipated event that is not the subject of a duly noticed neighborhood board meeting, and that occurs after public notice of the meeting has been issued but before the meeting is held, if timely action on the matter is necessary to protect the health, safety and welfare of the public in the same manner as if the board had held an emergency meeting pursuant to section 92-8."

SECTION 3. 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. (a) 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 entitled shall constitute a quorum to do business, and the concurrence of a majority of all the members to which the board or commission is entitled 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.

(b) A neighborhood board overseen by the neighborhood commission of the city and county of Honolulu may receive information or testimony on a matter of official board business without a quorum, provided that the board does not take any action on the issue in the absence of a quorum."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2371
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII