Report Title:

Sunshine Law; Notice of Intent to Vote

 

Description:

Amends the notice provisions of the public agency meetings and records ("sunshine") law to require board to include in its agenda the board's intention to vote on any matter. If the board seeks to vote without having given prior notice, requires board to issue an additional 2-week notice of intent to vote.

 

 

HOUSE OF REPRESENTATIVES

H.B. NO.

2732

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to public agency meetings and records.

 

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

SECTION 1. The legislature finds that governmental agencies exist to aid the people in the formation and conduct of public policy, and that opening up governmental processes to public scrutiny and participation is the only viable and reasonable method of protecting the public's interest.

Accordingly, the public agency meetings and records law, also known as the "sunshine law", was enacted to ensure that the formation and conduct of public policy, including the discussions, deliberations, decisions, and action of governmental agencies, are conducted as openly as possible.

The legislature finds, however, that some agencies appear to be evading the spirit of the sunshine law by taking a vote on an item, such as a vote to approve an action or permit, without having previously disclosed the specific fact that the agency would be voting on the matter in its agenda. The legislature finds that an agency's vote that is not previously disclosed on the agency's agenda discourages public participation by denying the public's right to know, in advance, of the agency's decision to take a such a vote.

Accordingly, the purpose of this Act is to require agencies to give written public notice of its anticipated vote on any item in its agenda. If the agency fails to issue such an advanced notice, and then seeks to vote on the item at the meeting, the agency is barred from voting and must issue a subsequent notice at least two weeks before the next meeting that it will take such a vote at the subsequent meeting.

SECTION 2. Section 92-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The board shall give written public notice of any regular, special, or rescheduled meeting, or any executive meeting when anticipated in advance. The notice shall include an agenda which lists all of the items to be considered at the forthcoming meeting, including each matter upon which the board intends to vote, the date, time, and place of the meeting, and in the case of an executive meeting the purpose shall be stated. If the board failed to include in its agenda a statement that the board will take a vote on any particular matter, but nevertheless seeks to vote on the matter at the meeting, the board shall:

(1) Be prohibited from voting on the matter; and

(2) File an additional written public notice pursuant to this section at least fourteen calendar days before the next meeting at which the vote will be taken."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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