THE SENATE

S.B. NO.

678

THIRTIETH LEGISLATURE, 2019

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LEGISLATIVE PROVISIONS.

 

 

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

 


SECTION 1. The purpose of this Act is to:

(1) Require the legislature to follow certain fundamental principles of the sunshine law, including:

(A) Requiring a majority vote to suspend a legislative rule;

(B) Requiring that proposed amendments to a bill be germane to the subject of the bill proposition, section, or paragraph to be amended; and

(C) Requiring that all floor votes, except on first reading, be printed on the order of the day before consideration; and

(2) Specify that correspondence received by the legislature or any of its single or joint committees on a measure is testimony on the measure and subject to disclosure as a public record under the Uniform Information Practices Act.

SECTION 2. Chapter 92, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    . LEGISLATIVE PROVISIONS

92-   Rules of the legislature. Each legislative house shall adopt official rules and policies by a majority vote. A majority vote shall be taken before suspending any legislative rule.

92-   Amendments shall be germane. Every amendment proposed on a bill shall be germane to the subject of the proposition, section, or paragraph to be amended.

92-   Agenda and voting. All items to be voted on by each legislative house, except for first reading votes on bills, shall be printed on the order of the day before consideration, including votes to agree to amendments from the other house."

SECTION 3. Section 92-10, Hawaii Revised Statutes, is amended to read as follows:

"92-10 Legislative branch; applicability. 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] as 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[.], except as provided in part       of this chapter. 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."

SECTION 4. Section 92F-12, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any other provision in this chapter to the contrary notwithstanding, each agency shall make available for public inspection and duplication during regular business hours:

(1) Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability adopted by the agency;

(2) Final opinions, including concurring and dissenting opinions, as well as orders made in the adjudication of cases, except to the extent protected by section 92F-13(1);

(3) Government purchasing information, including all bid results, except to the extent prohibited by section 92F-13;

(4) Pardons and commutations, as well as directory information concerning an individual's presence at any correctional facility;

(5) Land ownership, transfer, and lien records, including real property tax information and leases of state land;

(6) Results of environmental tests;

(7) Minutes of all agency meetings required by law to be public;

(8) Name, address, and occupation of any person borrowing funds from a state or county loan program, and the amount, purpose, and current status of the loan;

(9) Certified payroll records on public works contracts except social security numbers and home addresses;

(10) Regarding contract hires and consultants employed by agencies:

(A) The contract itself, the amount of compensation;

(B) The duration of the contract; and

(C) The objectives of the contract,

except social security numbers and home addresses;

(11) Building permit information within the control of the agency;

(12) Water service consumption data maintained by the boards of water supply;

(13) Rosters of persons holding licenses or permits granted by an agency that may include name, business address, type of license held, and status of the license;

(14) The name, compensation (but only the salary range for employees covered by or included in chapter 76, and sections 302A-602 to 302A-639, and 302A‑701, or bargaining unit (8)), job title, business address, business telephone number, job description, education and training background, previous work experience, dates of first and last employment, position number, type of appointment, service computation date, occupational group or class code, bargaining unit code, employing agency name and code, department, division, branch, office, section, unit, and island of employment, of present or former officers or employees of the agency; provided that this paragraph shall not require the creation of a roster of employees; and provided further that this paragraph shall not apply to information regarding present or former employees involved in an undercover capacity in a law enforcement agency;

(15) Information collected and maintained for the purpose of making information available to the general public; [and]

(16) Information contained in or compiled from a transcript, minutes, report, or summary of a proceeding open to the public[.]; and

(17) All correspondence received by the legislature or any of its single or joint committees on a measure, which shall be considered testimony on the measure."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.



 

Report Title:

Sunshine Law; Legislative Requirements; Public Records

 

Description:

Requires the legislature to follow fundamental principles of the sunshine law, including: requiring a majority vote to suspend legislative rules; requiring proposed amendments on a measure to be germane to the text to be amended; and requiring all floor votes to be printed on the order of the day before consideration. Specifies that correspondence received by the legislature or any of its committees on a measure is testimony on the measure and subject to disclosure as a public record. (SD1)

 

 

 

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