THE SENATE

S.B. NO.

784

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to open government.

 

 

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

 


     SECTION 1.  The legislature finds that, in order to hold government officials accountable for their actions, citizens must know what those actions are.  Unfortunately, meeting notices have often been posted in an inaccessible format on the state calendar or agencies' websites, failing to provide individuals with disabilities with notice of agency actions.

     The purpose of this Act is to require that notices for meetings be posted in a format that meets the requirements of section 508 of the federal Rehabilitation Act of 1973 in order to ensure that all citizens can access government information and be aware of government actions.

     SECTION 2.  Section 92-7, Hawaii Revised Statutes, is amended to read as follows:

     "§92-7  Notice.  (a)  The board shall give written public notice of any regular, special, or rescheduled meeting, or any executive meeting when anticipated in advance.  The notice shall include an agenda which lists [all]:

     (1)  All of the items to be considered at the forthcoming meeting[, the];

     (2)  The date, time, and place of the meeting[, and in];

     (3)  Information, including a point of contact, explaining how to request an accommodation in order to participate at the meeting; and

     (4)  In the case of an executive meeting, the purpose shall be stated.

If an item to be considered is the proposed adoption, amendment, or repeal of administrative rules, an agenda meets the requirements for public notice pursuant to this section if it contains a statement on the topic of the proposed rules or a general description of the subjects involved, as described in section 91-3(a)(1)(A), and a statement of when and where the proposed rules may be viewed in person and on the Internet as provided in section 91-2.6.

     (b)  The board shall post the information electronically on the state calendar and the board's website.  The information shall conform to the applicable provisions set forth by section 508 of the Rehabilitation Act of 1973, as amended by title 29 United States Code section 794d, including the regulations implementing that Act as set forth under title 36 Code of Federal Regulations part 1194, except when compliance with those provisions imposes an undue burden.  The means specified by this section shall be the only means required for giving notice under this part notwithstanding any law to the contrary.

     [(b)] (c)  The board shall file the notice in the office of the lieutenant governor or the appropriate county clerk's office[,] during normal business hours, and in the board's office for public inspection, at least six calendar days before the meeting.  The notice shall also be posted at the site of the meeting whenever feasible.

     [(c)] (d)  If the written public notice is filed in the office of the lieutenant governor or the appropriate county clerk's office less than six calendar days before the meeting, the lieutenant governor or the appropriate county clerk shall immediately notify the chairperson of the board, or the director of the department within which the board is established or placed, of the tardy filing of the meeting notice.  The meeting shall be canceled as a matter of law, the chairperson or the director shall ensure that a notice canceling the meeting is posted at the place of the meeting, and no meeting shall be held.

     [(d)] (e)  No board shall change the agenda, once filed, by adding items thereto without a two-thirds recorded vote of all members to which the board is entitled; provided that no item shall be added to the agenda if it is of reasonably major importance and action thereon by the board will affect a significant number of persons.  Items of reasonably major importance not decided at a scheduled meeting shall be considered only at a meeting continued to a reasonable day and time.

     [(e)] (f)  The board shall maintain a list of names and addresses of persons who request notification of meetings and shall mail a copy of the notice to such persons at their last recorded address no later than the time the agenda is filed under subsection [(b).] (c)."

     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.

 

INTRODUCED BY:

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Report Title:

Public Agency Meetings; Notice Requirements; Persons with Disabilities; Accommodations; Rehabilitation Act of 1973

 

Description:

Requires public notices to provide information, including a point of contact, explaining how to request an accommodation in order to participate at the public meeting.  Requires notices that are posted electronically to conform to the applicable provisions under the Rehabilitation Act of 1973.

 

 

 

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