Report Title:

Public Agency Meetings; County Councils

Description:

Amends applicability of sunshine law with respect to county councils, to provide that a county council shall be subject to an ordinance, charter, or council rule regarding open meeting requirements, rather than the sunshine law. (SD1)

THE SENATE

S.B. NO.

314

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PUBLIC AGENCY MEETINGS.

 

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

SECTION 1. The purpose of this Act is to amend the applicability of the sunshine law to a county council. This Act makes a county council subject to the charter, ordinance, or council rule, rather than the sunshine law, with respect to open meeting or other public agency proceeding requirements and provisions.

SECTION 2. Section 92-10, Hawaii Revised Statutes, is amended to read as follows:

"§92-10 Legislative branch[;] of State and counties; applicability. (a) 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.

(b) Notwithstanding any provision of law to the contrary, for each county council and its members, open and closed meeting requirements and provisions, meeting notice, agenda, and minute requirements and provisions, permitted interaction requirements and provisions, and enforcement, penalties, and sanctions for violations of the requirements or provisions shall be subject to the applicable county's charter, ordinance, or county council rule. The charter, ordinance, or rule shall take precedence over this part. For purposes of this section, a "county council" means a legislative body of a political subdivision of the State, whether named a county council or a city council."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.