Public Notice

Requires comptroller to address the requests and grievances of
the counties from publication of notice requirements.  (SD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that Act 2, Session Laws
 2 of Hawaii 1998, and Act 160, Session Laws of Hawaii 1999, amended
 3 the laws on the publication of notice.  As a result of these
 4 changes, counties must place public notices in a daily or weekly
 5 publication in the affected county.  Under the current selection
 6 process for the County of Maui, the weekly publication designated
 7 does not reach many rural communities in the County of Maui,
 8 which includes Molokai and Lanai.
 9      The legislature further finds that the current provisions of
10 the law are ineffective, inefficient, and deprive the residents
11 of the County of Maui from timely access to government
12 information.  This is in direct contrast to the intent of Act 2,
13 which is to keep the public informed.
14      The purpose of this Act is to exempt the counties from the
15 publication of notice requirements.
16      SECTION 2.  Section 1-28.5, Hawaii Revised Statutes, is
17 amended by amending subsections (a) and (b) to read as follows:
18      "(a)  Notwithstanding any other statute, law, [charter
19 provision, ordinance,] or rule to the contrary, whenever a

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                                     S.B. NO.           S.D. 1

 1 government agency is required to give public notice or to publish
 2 notice, the notice shall be given only as follows:
 3      (1)  For statewide publication:
 4           (A)  In a daily or weekly publication of statewide
 5                circulation; or
 6           (B)  By publication in separate daily or weekly
 7                publications whose combined circulation is
 8                statewide;
 9           and
10      (2)  For county-wide publication, by publication in a daily
11           or weekly publication in the affected county.
12 Additional supplemental notice may also be given through Hawaii
13 FYI, the State's interactive computer system.
14      (b)  For purposes of this section, the comptroller pursuant
15 to chapter 103D shall determine a publication for all government
16 agencies to enable the public to go to one source of publication
17 for published public notice by a government agency on each
18 island.  The comptroller shall also address and resolve any
19 grievances or requests from the counties relating to the
20 publication of notice requirements set forth in this section.  If
21 appropriate, the comptroller shall waive some or all of the
22 provisions of this section so long as sufficient public notice is
23 given."

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                                     S.B. NO.           S.D. 1

 1      SECTION 3.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 4.  This Act shall take effect upon its approval.