THE SENATE	S.B. NO.	2234
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

relating to electronic information.

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

     SECTION 1.  The legislature 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, 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 further 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)  Eliminating the requirement to post hard-copy notices of public meetings with the lieutenant governor's office;

     (2)  Requiring all government agencies, boards, commissions, and committees to post electronic copies of their agendas, minutes, and related documents online; and

     (3)  Encouraging state agencies to broadcast their proceedings online.

     SECTION 2.  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.

     (b)  The board shall [file] post the notice [in] on the website of the office of the lieutenant governor or the website of the appropriate county clerk's office, on the website calendar of the state or appropriate county, and [in the board's office] 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, 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].

     (c)  If the written public notice is [filed in] not posted on the website of the office of the lieutenant governor or the website of the appropriate county clerk's office [less than] 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 meeting shall be canceled as a matter of law, the chairperson or the director shall ensure that a notice canceling the meeting is 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, on the website calendar of the state or appropriate county, and at the [place] location of the meeting, and no meeting shall be held.

     (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)."

     SECTION 3.  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] posted on the website of the office of the lieutenant governor or the website of the appropriate county clerk's office, on the website calendar of the state or appropriate county, and [in the board's office;] 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

     (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 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] posted on the website of the office of the lieutenant governor or the website of the appropriate county clerk's office, on the website calendar of the state or appropriate county, and [in the board's office;] 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;

     (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 4.  Section 92-9, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) 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[.]; and

(5) Any written materials referred to in the minutes.

     (b)  The minutes, whether in draft or final form, shall be public records and 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, 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."

     SECTION 5.  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 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Public Meetings; Electronic Posting of Agendas and Minutes

Description:

Eliminates the requirement to post hard-copy notices of public meetings with the office of the lieutenant governor; requires all government agencies, boards, commissions, and committees to post electronic copies of their agendas, minutes, and related documents online and transmit electronic copies, rather than hard copies, of meeting notices to persons who request notification.

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