THE SENATE	S.B. NO.	130
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to public agency meetings.

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

     SECTION 1.  The legislature finds that openness and transparency are necessary for public knowledge of our courts, that the trust and confidence of the public in our judiciary is essential to our community and that action must be taken now to dramatically improve the situation.

     In expressing the purpose underlying the open meetings sunshine law and the uniform information practices act, the legislature found that opening up governmental processes to public scrutiny and participation is the only viable and reasonable method of protecting the public's interest.  Therefore, it is the policy of this State that the discussions, deliberations, decisions, and actions of governmental agencies in formulating and implementing public policy should be conducted as openly as possible.  This must apply to the judiciary as well, in order to have an informed and knowledgeable public that best represents their interests directly to the judiciary.

     The judiciary is currently exempted from application of the open meetings sunshine law.  This exemption applies to the judiciary's adjudicatory and nonadjudicatory functions, including, for example, the nonadjudicatory (administrative) functions relating to task forces, committees and working study groups connected to the judiciary.

     The uniform information practices act, or open records law, requires the public disclosure of the judiciary's administrative records.  The legislature finds that a similar principle embodied in the open records law should apply in order to open up meetings of the judiciary's administrative boards to the public.  This will allow for public participation in the judiciary, improve the public's knowledge of the judiciary, improve policies to address unmet legal needs and enhance public trust and confidence in our courts and legal system.

     The purpose of this Act is to require the open meetings sunshine law to apply to the nonadjudicatory functions of boards under the judiciary.

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

     "§92-2  Definitions.  As used in this part:

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

     [(2)]  "Chance meeting" means a social or informal assemblage of two or more members at which matters relating to official business are not discussed.

     [(3)]  "Meeting" means the convening of a board for which a quorum is required in order to make a decision or to deliberate toward a decision upon a matter over which the board has supervision, control, jurisdiction, or advisory power."

     SECTION 3.  Section 92-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  This part shall not apply:

     (1)  To the adjudicatory functions of the judicial branch.

     (2)  To adjudicatory functions exercised by a board and governed by sections 91-8 and 91-9, or authorized by other sections of the Hawaii Revised Statutes.  In the application of this subsection, boards exercising adjudicatory functions include, but are not limited to, the following:

         (A)  Hawaii labor relations board, chapters 89 and 377;

         (B)  Labor and industrial relations appeals board, chapter 371;

         (C)  Hawaii paroling authority, chapter 353;

         (D)  Civil service commission, chapter 26;

         (E)  Board of trustees, employees' retirement system of the State of Hawaii, chapter 88;

         (F)  Crime victim compensation commission, chapter 351; and

         (G)  State ethics commission, chapter 84."

     SECTION 4.  Section 92-7, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  The board shall file the notice in the office of the lieutenant governor or the appropriate county clerk's office, and in the board's office for public inspection, at least six calendar days before the meeting[.]; provided that the notice for a board of the judiciary shall be filed in the office of the supreme court or with the appropriate circuit court clerk in the circuit where the meeting is to be held.  The notice shall be filed, at least six calendar days before the meeting.  The notice shall also be posted at the site of the meeting whenever feasible.

     (c)  If the written public notice under subsection (b) is filed [in the office of the lieutenant governor or the appropriate county clerk's office] less than six calendar days before the meeting, the lieutenant governor or the appropriate county clerk, or in the case of a board of the judiciary, the administrative director of the courts or the appropriate circuit court 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 meeting shall be canceled as a matter of law, the chairperson or the director shall ensure that a notice canceling the meeting is posted at the place of the meeting, and no meeting shall be held."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2011.

INTRODUCED BY:

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Report Title:

Sunshine Law, Judicial Branch

Description:

Requires open meetings to apply to nonadjudicatory functions of boards of the judiciary.

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