HOUSE OF REPRESENTATIVES	H.B. NO.	2330
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

Relating to Emergency Meetings.

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

     SECTION 1.  The legislature finds that timely notice of public agency board meetings is imperative for transparency and citizen participation in government.  At the same time, the legislature recognizes that boards often need to submit comments or written testimony on proposed legislation while the legislature is in session.  Legislative deadlines sometimes require quick input, making it difficult if not impossible to comply with the meeting notice requirements. 

     Chapter 92, Hawaii Revised Statutes, also known as the sunshine law, currently allows a board to hold an emergency meeting to deliberate upon unanticipated and time-sensitive matters, including a situation in which a board needs to take a position on proposed legislation before its next regularly scheduled meeting, if the attorney general reviews and concurs with the board's request for an emergency meeting.  This step can be cumbersome in a time-sensitive matter because of the attorney general's large area of responsibility.  The legislature finds that, as the office of information practices specializes in public agency law, it is better equipped to quickly evaluate sunshine law issues in time-sensitive situations.

     The purpose of this Act is to expedite the process by which a board may hold emergency meetings by requiring concurrence of the office of information practices rather than the attorney general.  With enactment of this Act, the legislature finds that Act 24, Session Laws of Hawaii 2009, which amended section 302A‑1106, Hawaii Revised Statutes, by establishing an exception to the sunshine law for the board of education to hold emergency meetings regarding legislation without requiring written findings or the attorney general's concurrence, is no longer needed and should be repealed.

     SECTION 2.  Section 92-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  If an unanticipated event requires a board to take action on a matter over which it has supervision, control, jurisdiction, or advisory power, within less time than is provided for in section 92-7 to notice and convene a meeting of the board, the board may hold an emergency meeting to deliberate and decide whether and how to act in response to the unanticipated event; provided that:

     (1)  The board states in writing the reasons for its finding that an unanticipated event has occurred and that an emergency meeting is necessary and the [attorney general] office of information practices concurs that the conditions necessary for an emergency meeting under this subsection exist;

     (2)  Two-thirds of all members to which the board is entitled agree that the conditions necessary for an emergency meeting under this subsection exist;

     (3)  The finding that an unanticipated event has occurred and that an emergency meeting is necessary and the agenda for the emergency meeting under this subsection are filed with the office of the lieutenant governor or the appropriate county clerk's office, and in the board's office;

     (4)  Persons requesting notification on a regular basis are contacted by mail or telephone as soon as practicable; and

     (5)  The board limits its action to only that action which must be taken on or before the date that a meeting would have been held, had the board noticed the meeting pursuant to section 92-7."

     SECTION 3.  Section 302A-1106, Hawaii Revised Statutes, is amended to read as follows:

"§302A-1106  Organization; quorum; meetings.  [(a)]  The board shall elect from its own membership a chairperson and a vice-chairperson.  A majority of all members to which the board is entitled shall constitute a quorum to do business and the concurrence of a majority of all members to which the board is entitled shall be necessary to make any action of the board valid; provided that due notice shall have been given to all members of the board or a bona fide attempt shall have been made to give due notice to all members of the board to whom it was reasonably practicable to give due notice.  Meetings shall be called and held, at the call of the chairperson or by a quorum, as often as may be necessary for the transaction of the department's business.

     [(b)  Chapter 92 notwithstanding, from the convening of the legislature in regular session to adjournment sine die of each regular session, and during each special session of the legislature, the board may file any notice that specifies only legislation or legislation-related agenda items, no fewer than two calendar days before the meeting.]"

     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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Report Title:

Emergency Meeting Notices; Boards

Description:

Requires concurrence from office of information practices rather than attorney general for board to hold emergency meeting for unanticipated event.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.