THE SENATE

S.B. NO.

2233

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to electronic information.

 

 

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

 


     SECTION 1.  The legislature finds that if a government agency is required to give public notice or to publish notice, the agency must do so in a daily or weekly publication, either statewide or in a specific county, as appropriate.  This requirement is costly for the State and does not take full advantage of enhancements in communications technology.  Electronic posting of information has become commonplace because it is easy, efficient, relatively inexpensive, and increases public access to the information.  The State and counties have official websites that can accommodate government notices and publication of the notices on these websites would provide better service to the public, while providing significant cost savings for state and county governments.

     The purpose of this Act is to require government agencies to disseminate publications of notice electronically, while retaining the option of providing additional supplemental notice in a daily or weekly publication of statewide circulation or in a daily or weekly publication in the affected county, as appropriate.

     SECTION 2.  Section 1-28.5, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(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.] by electronic or online publication on the website of the State of Hawaii for statewide publication or by electronic or online publication on the website of the affected county for county-wide publication.

Additional supplemental notice may also be given [through Hawaii FYI, the State's interactive computer system.] in a daily or weekly publication of statewide circulation or in a daily or weekly publication in the affected county, as appropriate."

     2.  By amending subsection (c) to read:

     "(c)  Whenever a public notice is published [in a newspaper or other publication] as 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[.], or of the designated representative of the government agency whose notice is published electronically or online; provided that if the notice is published electronically or online, the government agency shall provide information on the agency's website giving the location of the electronic or online notice."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2012-2013 for the operational expenses of the office of information management technology.

     The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2012; provided that section 2 shall take effect on January 1, 2013.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Electronic Information; Public Notice; Appropriation

 

Description:

Requires government agencies to disseminate publications of notice electronically; provides the option of additional supplemental notice in a daily or weekly publication of statewide circulation or in a daily or weekly publication in the affected county, as appropriate; appropriates funds for the operational expenses of the office of information management technology; electronic notice requirement effective 1/1/2013.

 

 

 

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