Report Title:

Public Notice; "Government Agency"

Description:

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 their own rather than a state-selected publication in which to place a public notice. (HB382 HD1)

 

 

 

HOUSE OF REPRESENTATIVES

H.B. NO.

382

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to publication of notice.

 

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

SECTION 1. Section 1-28.5, Hawaii Revised Statutes, is amended to read as follows:

"§1-28.5 Publication of notice. (a) Notwithstanding any other statute, law, [charter provision, ordinance,] or rule to the contrary, whenever a government agency is required to give public notice or to publish notice, the notice shall be given only as follows:

(1) For statewide publication:

(A) In a daily or weekly publication of statewide circulation; or

(B) By publication in separate daily or weekly publications whose combined circulation is statewide; and

(2) For county-wide publication, by publication in a daily or weekly publication in the affected county.

Additional supplemental notice may also be given through Hawaii FYI, the State's interactive computer system.

(b) For purposes of this section, the comptroller pursuant to chapter 103D shall determine a publication for all government agencies to enable the public to go to one source of publication for published public notice by a governmental agency on each island.

(c) Whenever a public notice is published in a newspaper or other publication described in subsection (a), proof of the publication shall be the affidavit of the printer, publisher, principal clerk, or business manager of the newspaper or other publication or of the designated agent of the group that published the notice.

(d) This section shall not apply to notices required by chapters 103D and 103F.

(e) For purposes of this section, "government agency" means each department, board, commission, or officer of the State [or any of its political subdivisions]. The term does not include any of the counties."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.