HOUSE OF REPRESENTATIVES

H.B. NO.

1609

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the sunshine law.

 

 

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

 


     SECTION 1.  The legislature finds that while openness in government continues to be an important principle for Hawaii's people, the requirement that the sunshine law be strictly construed in favor of openness fails to take into account the principle of government efficiency, which is similarly important to Hawaii's people.

     The purpose of this Act, therefore, is to:

(1)  Ensure that due consideration is given to the principle of government efficiency when construing the sunshine law; and

(2)  Establish a reasonableness standard for the construction of the sunshine law's provisions.

     SECTION 2.  Section 92-1, Hawaii Revised Statutes, is amended to read as follows:

     "§92-1  Declaration of policy and intent.  In a democracy, the people are vested with the ultimate decision-making power.  Governmental agencies exist to aid the people in the formation and conduct of public policy.  Opening up [the] governmental processes to public scrutiny and participation is the only viable and reasonable method of protecting the public's interest.  Therefore, the legislature declares that it is the policy of this State that the formation and conduct of public policy - the discussions, deliberations, decisions, and action of governmental agencies - shall be conducted [as openly as possible.] openly, efficiently, and economically on behalf of the people.  To implement this policy the legislature declares that:

     (1)  It is the intent of this part to protect the people's right to know;

     (2)  The provisions requiring open meetings shall be liberally construed with due regard to the efficient and economical use of government resources; and

     (3)  The provisions providing for exceptions to the open meeting requirements shall be [strictly] reasonably construed against closed meetings."

     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  Statutory material to be repealed is bracketed and stricken.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:

_____________________________

 

Report Title:

Sunshine Law

 

Description:

Requires consideration of government efficiency when the Sunshine Law is construed and establishes a reasonableness standard for construction of Sunshine Law provisions.

 

 

 

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