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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2388 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC NOTICE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that section 1-28.5, Hawaii Revised Statutes, requires publication of government notices in newspapers of general circulation. These requirements were adopted before widespread electronic access and no longer reflect the most efficient or accessible means of informing the public.
The legislature further finds that posting notices on official state and county websites provides greater transparency, accessibility, and timeliness. Aligning public notice requirements with the sunshine law under section 92-7(b), Hawaii Revised Statutes, will modernize state communications and ensure consistent public access to government information.
The purpose of this Act is to update the requirements for publication of public notices by allowing electronic posting on official government websites, while preserving traditional publication options when necessary.
SECTION 2. Section 1-28.5, Hawaii Revised Statutes, is amended to read as follows:
"§1-28.5 [Publication of] Public 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:] notice:
(A) [In
a daily or weekly publication of statewide circulation;] By posting the
notice on an electronic calendar or website maintained by the State; or
(B) [By]
In a daily or weekly publication of statewide circulation, or by
publication in separate daily or weekly publications whose combined circulation
is statewide; and
(2) For
county-wide [publication, by] notice:
(A) By
posting the notice on an electronic calendar or website maintained by the
appropriate county; or
(B) By publication in a daily or weekly publication in the
affected county.
[(b)
For purposes of this section, the comptroller 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.
(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, 103F, 127A, and 523A.
(e)
For purposes of publishing a proposed, revised, or final reapportionment
plan pursuant to section 25-2, public notice shall be permitted in a short
form; provided that each short form public notice shall include the following
information:
(1) Whether
the reapportionment plan has been either proposed, revised, or adopted;
(2) The
online location to view the reapportionment plan;
(3) A list of the
location of each public office where the hard copies of the reapportionment
plan and maps are available; and
(4) The public
hearing dates.]
(b)
Unless otherwise provided by law, notice shall be posted or published no
less than six calendar days before the required action, meeting, or effective
date.
(c)
Each agency shall maintain a physical copy of all public notices in its
office for public inspection during regular business hours.
(d)
Additional supplemental notice may also be given through Hawaii FYI, the
State's interactive computer system[.], or other electronic means.
[(f)] (e) For purposes of this section,
"government agency" means each department, board, commission, or
officer of the State or any of its political subdivisions."
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.
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INTRODUCED BY: |
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Report Title:
Public Notices; Electronic Posting
Description:
Allows government agencies to satisfy public notice requirements by posting notices on official state or county websites, while retaining publication as an option.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.