THE SENATE |
S.B. NO. |
1651 |
THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to public meetings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the required notice period for posting board packets before public meetings is not being implemented as the legislature intended. The legislature established and amended the requirement to post board packets no later than two business days before a public meeting to give the public ample time to review the board packet.
However, the legislature finds that some agencies interpret the current law to mean a board packet can be posted at any time during the second business day before the public meeting. These agencies post board packets late in the evening, effectively reducing the time the public is able to review the board packet. The legislature finds this practice contrary to the original intent of the notice period.
Accordingly, the purpose of this Act is to close the legal loophole being exploited by requiring board packets to be posted two or more full business days before a public meeting.
SECTION 2. Section 92-7.5, Hawaii Revised Statutes, is amended to read as follows:
"§92-7.5
Board packet; filing; public inspection; notice. At the time the board packet is distributed
to the board members, but [no later than] two full business days or
more before the meeting, the board shall also make the board packet
available for public inspection in the board's office; provided that nothing in
this section shall require creation of a board packet; provided further that
nothing in this section shall prohibit the distribution of public testimony to
board members before the meeting. The
board shall provide notice to persons requesting notification of meetings
pursuant to section 92-7(e) [that includes] at the time the board
packet is distributed to the board members, but at least two full business days
or more before the meeting. The notice
shall include a list of the documents that were compiled by the board and
distributed to the board members before a meeting for use at that meeting and
that the board packet is available for inspection in the board's office and
shall provide reasonably prompt access to the board packet to any person upon
request. The board is not required to
mail board packets. As soon as
practicable, the board shall accommodate requests for electronic access to the
board packet and shall post the board packet on its website.
For purposes of this section:
"Board packet" means documents that are compiled by the board and distributed to board members before a meeting for use at that meeting, to the extent the documents are public under chapter 92F; provided that this section shall not require disclosure of executive session minutes, license applications, or other records for which the board cannot reasonably complete its redaction of nonpublic information in the time available before the public inspection required by this section.
"Business day" shall have the same meaning as in section 11-1."
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: |
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Report Title:
Public Meetings; Board Packets; Notice
Description:
Requires board packets to be posted two or more full business days before a public meeting.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.