Report Title:

Executive Meetings; Sunshine Law

Description:

Amends section 92-4, Hawaii Revised Statutes, to require that votes on matters discussed during executive meetings shall be publicly held.  Requires the reason for an executive meeting to be accompanied by a description of agenda items and the statutory exemption that justifies such a meeting.

THE SENATE	S.B. NO.	2609
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to executive meetings.

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

     SECTION 1.  The purpose of this Act is to enhance Hawaii's sunshine law and foster public trust in the government by requiring that any votes on matters discussed during an executive meeting be publicly taken at a subsequent open meeting.  Further, this Act adds provisions requiring that the reason for an executive meeting be accompanied by a description of the agenda items and statutory exception pursuant to section 92-5, Hawaii Revised Statutes, that justifies the executive meeting.  Meeting minutes must be provided within thirty days but may be redacted to protect confidential information specified in section 92-5, Hawaii Revised Statutes.

     SECTION 2.  Section 92-4, Hawaii Revised Statutes, is amended to read as follows:

"§92-4  Executive meetings.  A board may hold an executive meeting closed to the public upon an affirmative vote, taken at an open meeting, of two-thirds of the members present; provided the affirmative vote constitutes a majority of the members to which the board is entitled.  A meeting closed to the public shall be limited to matters exempted by section 92-5.  The reason, description of agenda items, and the statutory exemption pursuant to section 92-5 for holding such a meeting, shall be publicly announced and the vote of each member on the question of holding a meeting closed to the public shall be recorded, and entered into the minutes of the meeting.  Any votes on matters discussed during executive meetings shall be publicly taken at a subsequent open meeting of the board."

     SECTION 3.  Section 92-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The minutes shall be public records and shall be available within thirty days after the meeting [except where such disclosure would be inconsistent with section 92-5; provided that minutes of executive meetings may be withheld so long as their publication would defeat the lawful purpose of the executive meeting, but no longer].  Where such disclosure would expose confidential information specified in section 92-5 that was the subject of an executive meeting, that information may be redacted prior to public release."

     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:

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