THE SENATE

S.B. NO.

2929

THIRTY-THIRD LEGISLATURE, 2026

S.D. 1

STATE OF HAWAII

H.D. 2

 

 

 

 

 

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 existing law 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 will modernize state communications and ensure consistent public access to government information.

     The legislature also finds that the technical standards, platform specifications, accessibility requirements, and compliance procedures necessary to implement electronic notice requirements are regulatory in nature.  These matters are best addressed through administrative rulemaking, which allows for public participation by government agencies, persons with disabilities, county governments, and other interested parties, and for updates as technology and applicable federal requirements evolve.

     The legislature additionally finds that the state calendar, which serves as the existing platform for electronic posting of public meeting notices under chapter 92, Hawaii Revised Statutes, was not designed to accommodate the broader category of legal notices that would be authorized by this Act, and that the service level agreement between the State and the portal manager may require modification before the state calendar can serve that expanded function.

     The legislature further finds that the office of enterprise technology services has existing statutory authority under section 27-43, Hawaii Revised Statutes, to develop and implement statewide information technology governance and technology standards applicable to all executive branch agencies, and to adopt rules pursuant to chapter 91, Hawaii Revised Statutes, necessary for those purposes.  That authority extends to the technical standards, platform specifications, document format requirements, and accessibility compliance procedures governing state electronic systems used to provide public access to government information.  The rules required to implement electronic notice under this Act are technical in nature and fall within the existing statutory mandate of the office of enterprise technology services.

     The legislature also finds that the access Hawaii committee, established under chapter 27G, Hawaii Revised Statutes, has statutory authority under section 27G-4, Hawaii Revised Statutes, to review and approve service level agreements with the portal manager, and that its review and approval is required before any modification to the existing state portal service level agreement may take effect.

     The legislature additionally finds that the United States Department of Justice has issued final regulations under Title II of the Americans with Disabilities Act establishing digital accessibility requirements applicable to state and local governments, and that electronic notices posted by government agencies must comply with those requirements to be legally sufficient.

     The purpose of this Act is to:

     (1)  Authorize government agencies to satisfy public notice requirements by electronic posting on official state or county websites or electronic calendars, while preserving traditional publication as an option; and

     (2)  Direct the office of enterprise technology services, in consultation with the access Hawaii committee, to adopt rules governing the implementation of electronic notice before the electronic notice authorization takes legal effect, to ensure that electronic notice is legally reliable, technically accessible, and operationally workable for all residents.

     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, subject to the rules adopted pursuant to subsection (i); or

          (B)  By publication 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, subject to the rules adopted pursuant to subsection (i); or

          (B)  By publication in a daily or weekly publication in the affected county.

[Additional supplemental notice may also be given through Hawaii FYI, the State's interactive computer system.]

     (b)  For purposes of this section, when a government agency chooses to publish public notices in a newspaper or other publication described in subsection (a)(1)(B), 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.]

     (d)  Unless otherwise provided by law, notice shall be posted or published no less than six calendar days, as defined in rules adopted pursuant to subsection (i), before the required action, meeting, or effective date.

     (e)  Each government agency shall maintain a physical copy of all public notices in its office for public inspection during regular business hours.

     (f)  Additional supplemental notice may also be given through other electronic means consistent with the rules adopted pursuant to subsection (i).

     (g)  This section shall not apply to notices required by chapters 103D, 103F, 127A, and 523A; provided that government agencies subject to those chapters may, in addition to any notice required under those chapters, provide supplemental notice by electronic posting pursuant to subsection (a), subject to the rules adopted pursuant to subsection (i).

     (h)  Nothing in this section shall be construed to supersede, alter, or diminish any specific notice requirement imposed by any other law, including but not limited to requirements specifying the medium, frequency, duration, or manner of publication.  Where another statute imposes a more specific notice requirement that conflicts with this section, the more specific requirement shall control unless that statute expressly provides otherwise.

     (i)  The office of enterprise technology services shall adopt rules pursuant to chapter 91 governing the implementation of electronic notice under this section.  The rules shall be adopted in consultation with the access Hawaii committee established under chapter 27G.  In conducting rulemaking under this subsection, the office of enterprise technology services shall solicit public comment from government agencies, county governments, persons with disabilities, disability advocacy organizations, and other interested parties.

     Electronic posting pursuant to this section shall constitute legally sufficient notice only when made in compliance with rules adopted pursuant to this subsection.

     [(f)] (j)  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.  (a)  Before or concurrent with the adoption of rules under section 1-28.5(i), Hawaii Revised Statutes, the office of enterprise technology services shall assess whether the existing service level agreement between the State and the portal manager, as defined in 27G-1, Hawaii Revised Statutes, requires modification to accommodate the electronic posting of legal notices pursuant to section 1-28.5, Hawaii Revised Statutes.  Any required modification to the service level agreement shall be submitted to the access Hawaii committee for review and approval pursuant to section 27G-4, Hawaii Revised Statutes, before taking effect.

     (b)  Section 1-28.5(a)(1)(A) and (2)(A), Hawaii Revised Statutes, shall not take effect until the office of enterprise technology services has adopted rules pursuant to section 1-28.5(i), Hawaii Revised Statutes, and has filed those rules with the lieutenant governor in accordance with chapter 91, Hawaii Revised Statutes.

     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, 3000.

 


 

Report Title:

ETS; Access Hawaii Committee; Public Notices; Electronic Posting

 

Description:

Authorizes government agencies to satisfy public notice requirements by electronic posting on official state or county websites or electronic calendars, while preserving traditional publication as an option.  Directs the Office of Enterprise Technology Services, in consultation with the Access Hawaii Committee, to adopt rules governing the implementation of electronic notice before the electronic notice authorization takes legal effect.  Effective 7/1/3000.  (HD2)

 

 

 

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