REPORT TITLE: 
Quorum


DESCRIPTION:
Changes a quorum on boards and commissions to members present
but not disqualified.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1333       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO ADMINISTRATIVE PROCEDURE.



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

 1      SECTION 1.  Section 92-15, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]92-15[]]  Boards and commissions; quorum; number of
 
 4 votes necessary to validate acts.  Whenever the number of members
 
 5 necessary to constitute a quorum to do business, or the number of
 
 6 members necessary to validate any act, of any board or commission
 
 7 of the State or of any political subdivision thereof, is not
 
 8 specified in the law or ordinance creating the same or in any
 
 9 other law or ordinance, a majority of all the members to which
 
10 the board or commission is entitled shall constitute a quorum to
 
11 do business, and the concurrence of a majority of all the members
 
12 present and not disqualified to which the board or commission is
 
13 entitled shall be necessary to make any action of the board or
 
14 commission valid; provided that due notice shall have been given
 
15 to all members of the board or commission or a bona fide attempt
 
16 shall have been made to give the notice to all members to whom it
 
17 was reasonably practicable to give the notice.  [This section
 
18 shall not invalidate any act of any board or commission performed
 
19 prior to April 20, 1937, which, under the general law then in
 

 
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 1 effect, would otherwise be valid.]  If a timely vote on an
 
 2 application which is subject to the time periods provided in
 
 3 section 91-13.5 is conducted by a board or commission, the
 
 4 application shall be deemed denied unless a majority of all
 
 5 members present and not disqualified vote to approve the
 
 6 application; provided that this section shall not apply to any
 
 7 board or commission which is governed by a specific law or
 
 8 ordinance which sets forth the number of members which constitute
 
 9 a quorum or the number of members necessary to validate any act."
 
10      SECTION 2. Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 3.This Act shall take effect upon its approval
 
13 
 
14                           INTRODUCED BY:  _______________________