Public Notice; Counties

Redefines "government agency" for purposes of the public notice
requirement by not including the counties except for state
procurement code and purchase of health and human services.  The
redefinition would allow counties to select its own rather than a
state-selected publication in which to place a public notice.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 1-28.5, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "1-28.5  Publication of notice.(a)  Notwithstanding any
 4 other statute, law, [charter provision, ordinance,] or rule to
 5 the contrary, whenever a government agency is required to give
 6 public notice or to publish notice, the notice shall be given
 7 only as follows:
 8      (1)  For statewide publication:
 9           (A)  In a daily or weekly publication of statewide
10                circulation; or
11           (B)  By publication in separate daily or weekly
12                publications whose combined circulation is
13                statewide; and
14      (2)  For county-wide publication, by publication in a daily
15           or weekly publication in the affected county.
16 Additional supplemental notice may also be given through Hawaii
17 FYI, the State's interactive computer system.
18      (b)  For purposes of this section, the comptroller pursuant
19 to chapter 103D shall determine a publication for all government

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 1 agencies to enable the public to go to one source of publication
 2 for published public notice by a governmental agency on each
 3 island.
 4      (c)  Whenever a public notice is published in a newspaper or
 5 other publication described in subsection (a), proof of the
 6 publication shall be the affidavit of the printer, publisher,
 7 principal clerk, or business manager of the newspaper or other
 8 publication or of the designated agent of the group that
 9 published the notice.
10      (d)  This section shall not apply to notices required by
11 chapters 103D and 103F.
12      (e) For purposes of this section, "government agency" means
13 each department, board, commission, or officer of the State [or
14 any of its political subdivisions.] and does not include any of
15 the counties unless this section shall apply to notices required
16 by chapters 103D and 103F."
17      SECTION 2.  Statutory material to be repealed is bracketed.
18 New statutory material is underscored.
19      SECTION 3.  This Act shall take effect upon its approval.
21                           INTRODUCED BY:  _______________________