SB2639

THE SENATE	S.B. NO.	2639
THIRTY-SECOND LEGISLATURE, 2024
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 purpose of this Act is to better align the enforcement mechanisms for the Uniform Information Practices Act and the Sunshine Law by:

(1) Recognizing that any person may sue a board after receiving an adverse office of information practices decision, which shall be reviewed by the circuit court de novo;

(2) Clarifying that an action concerning a Sunshine Law violation is brought against the board, and not the office of information practices;

(3) Establishing a two-year statute of limitations the person may bring the lawsuit, but without prejudice to the person's right to appeal to the circuit court;

(4) Prohibiting a board from challenging an opinion or ruling of the office of information practices about the board with exceptions;

(5) Requiring that persons suing for Sunshine Law violations must notify the office of information practices about the lawsuit in order for the office of information practices to decide whether or not to intervene; and

(6) Providing that the Sunshine Law lawsuits would be prioritized by the courts, but only when the person seeks to void a board's final action.

SECTION 2. Section 92-12, Hawaii Revised Statutes, is amended to read as follows:

"§92-12 Enforcement. (a) The attorney general and the prosecuting attorney shall enforce this part.

(b) The circuit courts of the State shall have jurisdiction to enforce the provisions of this part by injunction or other appropriate remedy.

(c) Any person may commence a suit against a board or alleged board in the circuit court of the circuit in which a prohibited act occurs for the purpose of requiring compliance with or preventing violations of this part [~~or to determine~~] determining the applicability of this part to discussions or decisions of the public body[~~. The~~], or challenging an opinion or ruling of the office of information practices concerning a complaint by that person. The person may bring the action within two years of a prohibited act; provided that a decision to appeal to the office of information practices for review shall not prejudice the person's right to appeal to the circuit court after a decision is made by the office of information practices. If the person prevails, the court may order payment of reasonable attorney's fees and costs to the prevailing party by the board in a suit brought under this section.

(d) In an action under this section, the circuit court shall hear the matter de novo. Opinions and rulings of the office of information practices shall be admissible in an action brought under this part and shall be considered as precedent unless found to be palpably erroneous[.]; provided that in an action under this section challenging an opinion or ruling of the office of information practices concerning a complaint by the plaintiff, the circuit court shall hear the challenge adverse determination de novo. Expect as provided in section 92F-43, a board or alleged board shall not challenge an opinion or ruling of the office of information practices about the board or alleged board.

(e) The proceedings for review shall not stay the enforcement of any agency decisions; but the reviewing court may order a stay if the following criteria have been met:

(1) There is likelihood that the party bringing the action will prevail on the merits;

(2) Irreparable damage will result if a stay is not ordered;

(3) No irreparable damage to the public will result from the stay order; and

(4) Public interest will be served by the stay order.

(f) When filing a suit that is under, related to, or is affected by this section, a person shall notify the office of information practices in writing at the time of the filing. The office of information practices may intervene in the action.

(g) Except as to cases the circuit court considers of greater importance, proceedings before the court, as authorized by this section, and appeals therefrom, take precedence on the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way when the suit seeks to void any final action pursuant to section 92-11."

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.

INTRODUCED BY:	_____________________________