RELATING TO OPEN MEETINGS.

HB724

HOUSE OF REPRESENTATIVES

H.B. NO.

724

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to Open Meetings
.

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

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SECTION
1.
�
The legislature finds that in a
democracy, the people are vested with the ultimate decision-making power.
�
The legislature exists to represent the people
and aid the people in the formation 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 interests.
�
The
legislature, therefore, recognizes that it is the policy of this State that the
formation and conduct of public policy�-the discussions, deliberations,
decisions, and actions of governmental agencies�-shall be conducted as openly
as possible, pursuant to section 92-1, Hawaii Revised Statutes.

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The
legislature further finds that chapter 92, Hawaii Revised Statutes, was enacted
to protect the peoples' right to be informed of their government's actions,
deliberations, and decision-making on their behalf by requiring open meetings
and transparency in the decision-making process.

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The
legislature notes, however, that section 92-10, Hawaii Revised Statutes,
specifically exempts the legislature from the open meeting requirements of the
sunshine law, as chapter 92, Hawaii Revised Statutes, is commonly known.
�
Specifically, provisions relating to notice,
agenda and minutes of meetings, and other sunshine law requirements do not apply
to the legislature or any of its members, except as provided by the legislature's
internal rules and procedures.

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The
legislature also finds that section 92-2.5, Hawaii Revised Statutes, allows for
permitted private interactions between members of a board, subject to certain
limitations and restrictions, providing another exemption from the sunshine
law.

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Accordingly,
the purpose of this Act is to increase transparency and accountability in
government operations by:

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(1)
�
Repealing the legislature's exemption from the
sunshine law;

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(2)
�
Clarifying notice requirements; and

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(3)
�
Repealing the permitted private interactions
between members of a board.

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

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"
�92-2
�
Definitions.
�

As used in this part:

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"Board" means
the
legislature, including any of its committees or decision-making bodies, and

any agency, board, commission, authority, or committee of the State or its
political subdivisions which is created by constitution, statute, rule, or
executive order, to have supervision, control, jurisdiction, or advisory power
over specific matters and which is required to conduct meetings and to take
official actions.

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"Board
business" means specific matters over which a board has supervision,
control, jurisdiction, or advisory power, that are actually pending before the
board, or that can be reasonably anticipated to arise before the board in the
foreseeable future.

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"Informal
gathering" means a social or informal assemblage of two or more board
members at which matters relating to board business are not discussed.

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"Interactive
conference technology" means any form of audio and visual conference
technology, or audio conference technology where permitted under this part, including
teleconference, videoconference, and voice over internet protocol, that
facilitates interaction between the public and board members.

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"Meeting" means the
convening of a board for which a quorum is required in order to make a decision
or
interactions between board members
to deliberate toward a decision
upon a matter over which the board has supervision, control, jurisdiction, or
advisory power.

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"Notice
period" means:

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(1)
�
For boards with a fixed session duration,
the notice period shall be equal to one-thirtieth (1/30) of the total session
duration, including not less than two calendar days before a meeting of the
legislature during a sixty-day regular session pursuant to article III, section
10, of the state constitution; and

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(2)
�
For boards without a fixed session
duration, the notice period shall be not less than six calendar days before the
meeting.
"

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SECTION
3
.
�
Section 92-5, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

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"(b)
�
In no instance shall the board make a
decision or deliberate toward a decision in an executive meeting on matters not
directly related to the purposes specified in subsection (a).
�
No informal gathering[
, permitted
interaction,
] or electronic communication shall be used to circumvent the
spirit or requirements of this part to make a decision or to deliberate toward
a decision upon a matter over which the board has supervision, control,
jurisdiction, or advisory power."

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SECTION
4
.
�
Section 92-7, Hawaii Revised Statutes, is
amended to read as follows:

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"
�92-7
�

Notice.
�
(a)
�
The board shall give written public notice of
any regular, special, emergency, or rescheduled meeting, or any executive
meeting when anticipated in advance.
�
The
notice shall include an agenda that lists all of the items to be considered at
the forthcoming meeting; the date, time, and place of the meeting; the board
'
s electronic and
postal contact information for submission of testimony before the meeting;
instructions on how to request an auxiliary aid or service or an accommodation
due to a disability, including a response deadline, if one is provided, that is
reasonable; and in the case of an executive meeting, the purpose shall be
stated.
�
If an item to be considered is
the proposed adoption, amendment, or repeal of administrative rules, an agenda
meets the requirements for public notice pursuant to this section if it
contains a statement on the topic of the proposed rules or a general
description of the subjects involved, as described in section 91-3(a)(1)(A),
and a statement of when and where the proposed rules may be viewed in person
and on the Internet as provided in section 91-2.6.
�
The means specified by this section shall be
the only means required for giving notice under this part notwithstanding any
law to the contrary.

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(b)
�
[
No less than six calendar days before the
meeting,
]
Within the notice period,
the board shall post the notice
on an electronic calendar on a website maintained by the State or the
appropriate county and post a notice in the board's office for public
inspection.
�
The notice shall also be
posted at the site of the meeting whenever feasible.
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The board shall file a copy of the notice
with the office of the lieutenant governor or the appropriate county clerk's
office and retain a copy of proof of filing the notice, and the office of the
lieutenant governor or the appropriate clerk's office shall ensure access to
paper or electronic copies of all meeting notices; provided that a failure to
do so by the board, the office of the lieutenant governor, or the appropriate
county clerk's office shall not require cancellation of the meeting.
�
The copy of the notice to be provided to the
office of the lieutenant governor or the appropriate county clerk's office may
be provided via electronic mail to an electronic mail address designated by the
office of the lieutenant governor or the appropriate county clerk's office, as
applicable.

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(c)
�

If the written public notice is electronically posted on an electronic
calendar [
less than six calendar days before the meeting,
]
with less
notice than is required by the notice period,
the meeting shall be canceled
as a matter of law and shall not be held.
�

The chairperson or the director shall ensure that a notice canceling the
meeting is posted at the place of the meeting.
�

If there is a dispute as to whether a notice was timely posted on an
electronic calendar maintained by the State or appropriate county, a printout
of the electronic time-stamped agenda shall be conclusive evidence of the
electronic posting date.
�
The board shall
provide a copy of the time-stamped record upon request.

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(d)
�

No board shall change the agenda[
, less than six calendar days prior
to the meeting,
]
of a validly posted public notice within the notice
period
by adding items thereto without a two-thirds recorded vote of all
members to which the board is entitled; provided that no item shall be added to
the agenda if it is of reasonably major importance and action thereon by the
board will affect a significant number of persons.
�
Items of reasonably major importance not
decided at a scheduled meeting shall be considered only at a meeting continued
to a reasonable day and time.

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(e)
�

The board shall maintain a list of names and postal or electronic mail
addresses of persons who request notification of meetings and shall mail or
electronically mail a copy of the notice to the persons by the means chosen by
the persons at their last recorded postal or electronic mail address no later
than the time the agenda is required to be electronically posted under
subsection (b)."

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SECTION
5
.
�
Section 92-12, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

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"(a)
�
The attorney general and the prosecuting
attorney shall enforce this part[
.
]
; provided that the president of
the senate and speaker of the house of representatives shall enforce this part
for each house of the legislature, respectively.
"

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SECTION
6
.
�
Section 92-2.5, Hawaii Revised Statutes, is
repealed.

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["
�92-2.5
�

Permitted interactions of members
.
�
(a)
�

Two members of a board may discuss between themselves matters relating
to board business to enable them to perform their duties faithfully, as long as
no commitment to vote is made or sought and the two members do not constitute a
quorum of their board.

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(b)
�
Two or more members of a board, but less than
the number of members that would constitute a quorum for the board, may be
assigned to:

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(1)
�
Investigate a
matter relating to board business; provided that:

���������
(A)
�
The
scope of the investigation and the scope of each member's authority are defined
at a meeting of the board;

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(B)
�
All
resulting findings and recommendations are presented to the board at a meeting
of the board; and

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(C)
�
Deliberation
and decision-making on the matter investigated, if any, occurs only at a duly
noticed meeting of the board held no less than six business days after the
meeting at which the findings and recommendations of the investigation were
presented to the board; or

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(2)
�
Present,
discuss, or negotiate any position that the board has adopted at a meeting of
the board; provided that the assignment is made and the scope of each member's
authority is defined at a meeting of the board before the presentation,
discussion, or negotiation.

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(c)
�
Discussions between two or more members of a
board, but less than the number of members that would constitute a quorum for
the board, concerning the selection of the board's officers may be conducted in
private without limitation or subsequent reporting.

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(d)
�
Board members present at a meeting that must
be canceled for lack of quorum or terminated pursuant to section 92-3.5(c)
may nonetheless receive testimony and presentations on items on the agenda and
question the testifiers or presenters; provided that:

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(1)
�
Deliberation or
decisionmaking on any item, for which testimony or presentations are received,
occurs only at a duly noticed meeting of the board held subsequent to the
meeting at which the testimony and presentations were received;

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(2)
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The members
present shall create a record of the oral testimony or presentations in the
same manner as would be required by section 92-9 for testimony or presentations
heard during a meeting of the board; and

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(3)
�
Before its
deliberation or decisionmaking at a subsequent meeting, the board shall:

���������
(A)
�
Provide
copies of the testimony and presentations received at the canceled meeting to
all members of the board; and

���������
(B)
�
Receive
a report by the members who were present at the canceled or terminated meeting
about the testimony and presentations received.

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(e)
�
Two or more members of a board, but less
than the number of members that would constitute a quorum for the board, may
attend an informational meeting or presentation on matters relating to board
business, including a meeting of another entity, legislative hearing,
convention, seminar, or community meeting; provided that the meeting or
presentation is not specifically and exclusively organized for or directed
toward members of the board.
�
The board
members in attendance may participate in discussions, including discussions
among themselves; provided that the discussions occur during and as part of the
informational meeting or presentation; provided further that no commitment
relating to a vote on the matter is made or sought.

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At the next duly noticed meeting
of the board, the board members shall report their attendance and the matters
presented and discussed that related to board business at the informational
meeting or presentation.

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(f)
�
Discussions between the governor and one or
more members of a board may be conducted in private without limitation or
subsequent reporting; provided that the discussion does not relate to a matter
over which a board is exercising its adjudicatory function.

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(g)
�
Discussions between two or more members of a
board and the head of a department to which the board is administratively
assigned may be conducted in private without limitation; provided that the
discussion is limited to matters specified in section 26-35.

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(h)
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Where notice of the deadline to submit testimony to the legislature is
less than the notice requirements in this section, a board may circulate for
approval a statement regarding a position previously adopted by the board;
provided that the position previously adopted by the board, the statement to be
submitted as testimony, and communications among board members about the
statement, including drafts, shall be in writing and accessible to the public,
within forty-eight hours of the statement's circulation to the board, on the
board's website, or, if the board does not have a website, on an appropriate
state or county website.

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(i)
�
Communications, interactions, discussions,
investigations, and presentations described in this section are not meetings
for purposes of this part.
"]

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SECTION
7
.
�
Section 92-10, Hawaii Revised Statutes, is
repealed.

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["
�92-10
�

Legislative branch; applicability.
�
Notwithstanding any provisions contained in
this chapter to the contrary, open meeting requirements, and provisions
regarding enforcement, penalties and sanctions, as they are to relate to the
state legislature or to any of its members shall be such as shall be from time
to time prescribed by the respective rules and procedures of the senate and the
house of representatives, which rules and procedures shall take precedence over
this part.
�
Similarly, provisions relating
to notice, agenda and minutes of meetings, and such other requirements as may
be necessary, shall also be governed by the respective rules and procedures of
the senate and the house of representatives.
"]

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SECTION
8.
�
If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

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SECTION
9.
�
Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 10.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Sunshine
Law; Open Meetings; Legislature; Exemption; Notice Requirement; Permitted
Interactions; Boards and Commissions; Executive Branch Departments; Good
Government; Transparency

Description:

Amends
the definition of a "board" under the Sunshine Law to include the
Legislature.
�
Clarifies notice period
requirements.
�
Repeals the Legislature's
exemption from the Sunshine Law.
�
Repeals
the exemption for permitted interactions between board members.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.