Report Title:

Public Notice; Counties; Judiciary and Legislature; Vision Teams

Description:

Gives county directors of finance flexibility to determine one source for county-published public notice on each island. Includes judiciary and legislature in public notice requirements. Requires "vision teams" on Oahu to post notices. (SD2)

 

 

 

HOUSE OF REPRESENTATIVES

H.B. NO.

382

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

S.D. 2


 

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 for the State, the judiciary, the legislature, and the county of Honolulu, 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 on each island[.], and the directors of finance for the counties of Hawaii, Kauai, and Maui, pursuant to chapter 103D, shall determine a publication for county government agencies to enable the public to go to one source of publication for county published public notice on each island. Each county shall pay the direct cost of county-published public notice. Nothing in this section precludes the comptroller from entering into cooperative agreements for the publication of public notices.

(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 judiciary, and the legislature.

(f) In counties with a population of 500,000 or more, any advisory group created or authorized to be created by charter, ordinance, or by the request or order of a county executive, to provide a vision in the development of public facilities and improvements requiring the expenditure of specific sums of public funds, shall post public notice at least six days prior to any meeting or decision making, and shall post the minutes of all meetings. For each advisory group subject to this subsection, notice shall be posted:

(1) At a site selected by the chairperson of that advisory group, that is reasonably accessible to members of the public; and

(2) At Honolulu city hall."

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 3. This Act shall take effect on January 1, 2050.