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| 1 | - | THE SENATE S.B. NO. 1651 THIRTY-THIRD LEGISLATURE, 2025 S.D. 1 STATE OF HAWAII H.D. | |
| 1 | + | THE SENATE S.B. NO. 1651 THIRTY-THIRD LEGISLATURE, 2025 S.D. 1 STATE OF HAWAII H.D. 1 A BILL FOR AN ACT RELATING TO PUBLIC MEETINGS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
| 2 | 2 | ||
| 3 | 3 | THE SENATE S.B. NO. 1651 | |
| 4 | 4 | THIRTY-THIRD LEGISLATURE, 2025 S.D. 1 | |
| 5 | - | STATE OF HAWAII H.D. | |
| 5 | + | STATE OF HAWAII H.D. 1 | |
| 6 | 6 | ||
| 7 | 7 | THE SENATE | |
| 8 | 8 | ||
| 9 | 9 | S.B. NO. | |
| 10 | 10 | ||
| 11 | 11 | 1651 | |
| 12 | 12 | ||
| 13 | 13 | THIRTY-THIRD LEGISLATURE, 2025 | |
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| 15 | 15 | S.D. 1 | |
| 16 | 16 | ||
| 17 | 17 | STATE OF HAWAII | |
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| 19 | - | H.D. | |
| 19 | + | H.D. 1 | |
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| 31 | 31 | A BILL FOR AN ACT | |
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| 36 | 36 | ||
| 37 | 37 | RELATING TO PUBLIC MEETINGS. | |
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| 42 | 42 | ||
| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 47 | - | 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. In 2024, the legislature amended the requirement to post board packets to 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 existing law to mean that 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: (1) Close the legal loophole being exploited by requiring board packets to be posted | |
| 47 | + | 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. In 2024, the legislature amended the requirement to post board packets to 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 existing law to mean that 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: (1) Close the legal loophole being exploited by requiring board packets to be posted two full business days before a public meeting; and (2) Require boards to provide notice to individuals requesting notification of meetings when board packets are made available for public inspection. 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 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] At the time the board packet is made available for public inspection in the board's office, the board shall provide notice to persons requesting notification of meetings pursuant to section 92-7(e) that includes 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 on July 1, 3000. | |
| 48 | 48 | ||
| 49 | 49 | 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. In 2024, the legislature amended the requirement to post board packets to no later than two business days before a public meeting to give the public ample time to review the board packet. | |
| 50 | 50 | ||
| 51 | 51 | However, the legislature finds that some agencies interpret the existing law to mean that 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. | |
| 52 | 52 | ||
| 53 | 53 | Accordingly, the purpose of this Act is to: | |
| 54 | 54 | ||
| 55 | - | (1) Close the legal loophole being exploited by requiring board packets to be posted | |
| 55 | + | (1) Close the legal loophole being exploited by requiring board packets to be posted two full business days before a public meeting; and | |
| 56 | 56 | ||
| 57 | - | (2) Require boards to provide notice to | |
| 57 | + | (2) Require boards to provide notice to individuals requesting notification of meetings when board packets are made available for public inspection. | |
| 58 | 58 | ||
| 59 | 59 | SECTION 2. Section 92-7.5, Hawaii Revised Statutes, is amended to read as follows: | |
| 60 | 60 | ||
| 61 | - | "§92-7.5 Board packet; filing; public inspection; notice. | |
| 61 | + | "§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 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] At the time the board packet is made available for public inspection in the board's office, the board shall provide notice to persons requesting notification of meetings pursuant to section 92-7(e) that includes 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. | |
| 62 | 62 | ||
| 63 | - | | |
| 63 | + | For purposes of this section: | |
| 64 | 64 | ||
| 65 | 65 | "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. | |
| 66 | 66 | ||
| 67 | 67 | "Business day" shall have the same meaning as in section 11-1." | |
| 68 | 68 | ||
| 69 | 69 | SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. | |
| 70 | 70 | ||
| 71 | 71 | SECTION 4. This Act shall take effect on July 1, 3000. | |
| 72 | 72 | ||
| 73 | - | Report Title: Public Meetings; Board Packets; Notice Description: Requires board packets to be posted | |
| 73 | + | Report Title: Public Meetings; Board Packets; Notice Description: Requires board packets to be posted two full business days before a public meeting. Requires boards to provide notice to persons requesting notification of meetings at the time the board packet is made available for public inspection. Effective 7/1/3000. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
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| 76 | 76 | ||
| 77 | 77 | Report Title: | |
| 78 | 78 | ||
| 79 | 79 | Public Meetings; Board Packets; Notice | |
| 80 | 80 | ||
| 81 | 81 | ||
| 82 | 82 | ||
| 83 | 83 | Description: | |
| 84 | 84 | ||
| 85 | - | Requires board packets to be posted | |
| 85 | + | Requires board packets to be posted two full business days before a public meeting. Requires boards to provide notice to persons requesting notification of meetings at the time the board packet is made available for public inspection. Effective 7/1/3000. (HD1) | |
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| 89 | 89 | ||
| 90 | 90 | ||
| 91 | 91 | ||
| 92 | 92 | ||
| 93 | 93 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |