Report Title:
Public Agency Meetings; Board Members
Description:
Clarifies permissible attendance and procedures for board members to attend meetings of other boards, departments, agencies, and hearings of the legislature.
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THE SENATE |
S.B. NO. |
1661 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC AGENCY MEETINGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 92, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§92‑ Attendance of members at meetings other than board meetings; legislative hearings. (a) A member of a board may attend a meeting (other meeting) of any other board, commission, agency, or department, where a subject is discussed that may be on the agenda of a future board meeting of the member's board; provided that less than a quorum of the board members attend the other meeting; and provided further that the member does not participate in discussions in the other meeting. No private discussion among attending board members shall be allowed at the other meeting. The board member shall report the attendance at the other meeting at next board meeting of the member's board, and the minutes shall note the attendance.
(b) A member of a board may attend a hearing of the legislature and may submit testimony; provided that the member shall report the attendance at the next board meeting and noted in the minutes accordingly.
(c) A member of a board may attend meetings or events that do not involve a subject under the purview of the member's board and are not likely to be considered in the future by the member's board."
SECTION 2. 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[,] except as provided in
subsection (b), 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.
(b) If no quorum is present, a board or commission may nonetheless meet for a duly-noticed meeting; provided that the board or commission may take no action; and further that minutes of the meeting are taken nonetheless.
(c) 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."
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.
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INTRODUCED BY: |
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