THE SENATE	S.B. NO.	67
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to public agency meetings and records.

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

     SECTION 1.  The legislature finds that "board" as defined in the open meetings law, chapter 92, Hawaii Revised Statutes, includes committees of the board that are also required to comply with the law.  However, organizations that carry out the functions and operations of a board in compliance with the policies and rules of the board, including the setting of mandatory fees to finance those functions and operations, are not subject to the open meetings law.

     The student organizations of the University of Hawaii are examples of organizations that function in this way.  These organizations are required to have their charters approved by the board of regents, as well as abide by all policies and rules of the board.  The board of regents also authorizes chartered student organizations to set and allocate mandatory student fees to finance operations of their organizations.

     The legislature finds that these and similar organizations perform a governmental function and should be subject to the open meetings law, which requires public notice of meetings, the keeping of minutes, and the provision of opportunities for public input on decisions.

     The purpose of this Act is to require organizations that have their charters or constitutions approved by a board to abide by the rules and policies of the charter-approving board and carry out the functions or operations of that board subject to the board's approval, pursuant to the open meetings law.

     SECTION 2.  Section 92-2, Hawaii Revised Statutes, is amended by amending the definition of "board" to read as follows:

    "(1)  "Board" [means]:

(A) Means any agency, board, commission, authority, or committee of the State or its political subdivisions [which] that is created by constitution, statute, rule, or executive order, to have supervision, control, jurisdiction or advisory power over specific matters and [which] that is required to conduct meetings and to take official actions[.]; and

(B) Includes any organization or association whose constitution or charter that is approved by a board and meets the following criteria:

(i) Receives administrative support from a board;

(ii) Is required by a board to abide by the policies and rules of a board; and

(iii) Carries out functions or operations on behalf of a board that are subject to the approval of a board, including the setting and allocation of any mandatory fees that directly finance those functions and operations."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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:

Sunshine Law; Associations and Organizations

Description:

Clarifies the definition of "board" by requiring those organizations that have their charters or constitutions approved by a board to abide by rules and policies of the charter-approving board, and carry out functions or operations of a board subject to the board's approval, pursuant to the open meetings law.

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