HB2404 CD1.DOC

SECTION 1. The legislature finds that if a government agency is required to provide public information through a public notice or to publish notice, the agency must do so in a daily or weekly publication, either statewide or in a specific county, as appropriate. This requirement is costly for the State and does not take full advantage of enhancements in communications technology. Electronic posting of information has become commonplace because it is easy, efficient, and relatively inexpensive, and increases public access to the information. The legislature finds that using State and county websites that can accommodate government notices and publication of the notices would provide better service to the public, while providing significant cost savings for state and county governments.

The legislature further finds that under existing law, Hawaii's government agencies, boards, commissions, and committees are required to give written public notice of any regular, special, or rescheduled meeting, including an agenda and the date, time, and place of the meeting. The minutes of the meeting are considered a public record and required to be available to the public within thirty days following the meeting.

However, existing law does not require electronic posting of these public notices and records and a recent informal review of state and county agencies found that many do not post their agendas and meeting minutes online, or are inconsistent in the postings.

The legislature finds that technology and electronic posting can help facilitate public access, while at the same time reduce costs associated with the printing and duplication of paper copies of these documents. Efforts are underway throughout state and county government to reduce the use of hard-copy documents, improve public access to government records, and facilitate communication through technology.

The purpose of this Act is to support these efforts by:

(1) Providing a two-year window for government agencies to disseminate publications of notice electronically, or in a daily or weekly publication of statewide circulation or in a daily or weekly publication in the affected county, as appropriate, and thereafter requiring government agencies to disseminate publications of notice only electronically;

(2) Eliminating the requirement to post hard-copy notices of public meetings with the lieutenant governor's office or the county clerk's office;

(3) Requiring boards, commissions, authorities, and committees to post notice electronically, except in situations involving technical difficulties, during which the posting of hard-copy notices is required;

(4) Requiring boards, commissions, authorities, and committees to make copies of their agendas, minutes, and related documents available to the public online; and

(5) Requiring government agencies to post public notice of public hearings on the website of the affected county.

SECTION 2. Section 1-28.5, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) Notwithstanding any other statute, law, charter provision, ordinance, or rule to the contrary, whenever a government agency is required to give public notice or to publish notice, the notice shall be given [~~only~~] as follows:

(1) For statewide publication[:

~~(A)~~ ~~In a daily or weekly publication of statewide circulation; or~~

~~(B)~~ ~~By publication in separate daily or weekly publications whose combined circulation is statewide;~~] , by electronic or online publication on the centralized website of the State; and

(2) For county-wide publication, by [~~publication in a daily or weekly publication in the affected county.~~] electronic or online publication on the website of the affected county.

[~~Additional supplemental notice may also be given through Hawaii FYI, the State's interactive computer system.~~] The State and counties shall make all reasonable efforts within the resources available to them, to make their respective websites accessible to the disabled, the elderly, and other individuals who require assistance to access the notices that are permitted to be published on those websites."

2. By amending subsection (c) to read:

"(c) Whenever a public notice is published [~~in a newspaper or other publication~~] as described in subsection (a), proof of the publication shall be the affidavit of [~~the~~]:

(1) The printer, publisher, principal clerk, or business manager of the newspaper or other publication or of the designated agent of the group that published the notice[.]; or

(2) The designated representative of the government agency operating the centralized website of the State or the website of the affected county, as applicable; provided that if the notice is published on the centralized website of the State or the website of the affected county, the public notice shall include information or links to other locations of the electronic or online notice."

SECTION 3. 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. The means specified by this section shall be the only means required for giving notice under this part, notwithstanding any law to the contrary.

(b) The board shall [~~file~~] post the notice [~~in the office of the lieutenant governor or the appropriate county clerk's office,~~] on the electronic calendar maintained on the State of Hawaii's internet website or on the appropriate county's internet website, on the website of the board or the website of the department within which the board is established if the board does not have a website, 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~~] location of the meeting whenever feasible. If a board is unable to post its notice on an electronic calendar because of an interruption in service that prevents access to the electronic calendar, the board shall file the notice in the office of the lieutenant governor if a state board, or in the appropriate county clerk's office if a county board. The office of the lieutenant governor or the appropriate county clerk's office shall then post the notice on the state or county electronic calendar as soon as service is restored.

(c) If the written public notice is [~~filed in the office of the lieutenant governor~~] not posted on the State of Hawaii's internet website or the appropriate [~~county clerk's office less than~~] county's internet website at least 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] board's electronic notice shall be rejected by the electronic calendar. If there is a dispute as to whether a notice was timely filed on an electronic calendar, a printout of the electronically time-stamped agenda shall be conclusive evidence of the filing date. If a meeting notice is filed late, the meeting shall be canceled as a matter of law, and the chairperson of the board or the department director shall ensure that a notice canceling the meeting is posted in the board's office, and whenever feasible, at the [~~place~~] location of the meeting, and no meeting shall be held[.]; provided that the meeting shall not be cancelled as a matter of law or otherwise if electronic notice that was rejected by the electronic calendar was filed in the office of the lieutenant governor or the county clerk in accordance with subsection (b).

(d) No board shall change the agenda, once [~~filed,~~] posted, 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~~] transmit a copy of the notice to [~~such~~] these persons at their last recorded mailing or electronic mailing address [~~no later than the time the agenda is filed under subsection (b).~~] at least six calendar days before the meeting."

SECTION 4. Section 92-8, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) If a board finds that an imminent peril to the public health, safety, or welfare requires a meeting in less time than is provided for in section 92-7, the board may hold an emergency meeting; provided that:

(1) The board states in writing the reasons for its findings;

(2) Two-thirds of all members to which the board is entitled agree that the findings are correct and an emergency exists;

(3) An emergency agenda and the findings are [~~filed with the office of the lieutenant governor or the appropriate county clerk's office, and in the board's office;~~] posted as required for notices under section 92-7; and

(4) Persons requesting notification on a regular basis are contacted by mail, electronic mail, or telephone as soon as practicable.

(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 if a state board, or the county counsel if a county board, 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;~~] posted as required for notices under section 92-7;

(4) Persons requesting notification on a regular basis are contacted by mail, electronic 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 5. Section 92-9, Hawaii Revised Statutes, is amended to read as follows:

"(a) The board shall keep written minutes of all meetings. Unless otherwise required by law, neither a full transcript nor a recording of the meeting is required, but the written minutes shall give a true reflection of the matters discussed at the meeting and the views of the participants. The minutes shall include[,] but [~~need~~] not be limited to:

(1) The date, time, and [~~place~~] location of the meeting;

(2) The members of the board recorded as either present or absent;

(3) The substance of all matters proposed, discussed, or decided; and a record, by individual member, of any votes taken; [~~and~~]

(4) Any other information that any member of the board requests be included or reflected in the minutes.

(b) The minutes shall be public records and for a state board shall be [~~available~~] posted on the website of the board or the website of the department within which the board is established if the board does not have a website, and for a county board shall be available upon request, 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.

(c) For a state board, any written materials distributed to the board at the meeting, to the extent that the materials would be required to be disclosed under part II of chapter 92F shall be on the website of the board or the website of the department within which the board is established if the board does not have a website.

[~~(c)~~] (d) All or any part of a meeting of a board may be recorded by any person in attendance by means of a tape recorder or any other means of sonic reproduction, except when a meeting is closed pursuant to section 92-4; provided the recording does not actively interfere with the conduct of the meeting."

SECTION 6. Section 92-41, Hawaii Revised Statutes, is amended to read as follows:

"§92-41 Giving public notices. Notwithstanding any law to the contrary, all governmental agencies scheduling a public hearing shall [~~give~~] post public notice [in] on the website of the county affected by the proposed action, to inform the public of the date, time, [~~place,~~] location, and subject matter of the public hearing. This requirement shall prevail whether or not the governmental agency giving notice of public hearing is specifically required by law, and shall be in addition to other procedures required by law."

SECTION 7. Notwithstanding any other statute, law, charter provision, ordinance, or rule to the contrary, whenever a government agency is required to give public notice or to publish notice, the notice may be given as follows:

(1) For statewide publication:

(A) By electronic or online publication on the centralized website of the State;

(B) In a daily or weekly publication of statewide circulation; or

(2) For county-wide publication:

(A) By electronic or online publication on the website of the affected county; or

(B) By publication in a daily or weekly publication in the affected county.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $284,200 or so much thereof as may be necessary for fiscal year 2012-2013 for support services by the Hawaii state public library system for the public to access and print public information from the centralized website, including ADA-compliant stations with accessible printers and workstations.

The sum appropriated shall be expended by the Hawaii state public library system for the purposes of this Act.

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $60,000 or so much thereof as may be necessary for fiscal year 2012-2013 to assist boards and commission in meeting the electronic posting requirements of this Act.

The sum appropriated shall be expended by the office of information practices for the purposes of this Act.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect on July 1, 2012; provided that section 7 shall be effective July 1, 2012, and shall be repealed on July 1, 2014; provided further that section 2 of this Act shall be effective on July 1, 2014.

HOUSE OF REPRESENTATIVES	H.B. NO.	2404
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII		S.D. 2
		C.D. 1