HB2388 HD1

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 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.

(e) 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).

(f) 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.

[~~(f)~~] (g) 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. Section 206E-5.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The authority shall issue a public notice in accordance with section 1‑28.5 and post the notice on its website; provided that the decision-making hearing shall not occur earlier than five business days after the notice is posted. Public notice issued pursuant to this subsection for public hearings on the acceptance of a developer's proposal to develop lands under the authority's control shall state that any written motion to intervene as a formal party to the proceeding shall be received within twenty days after the posting or publication date of the public notice."

SECTION 4. Section 486H-13, Hawaii Revised Statutes, is amended by amending subsection (k) to read as follows:

"(k) The maximum pre-tax wholesale gasoline price imposed by this section shall take effect on September 1, 2005, notwithstanding the lack of the adoption of rules pursuant to this section; provided that notwithstanding any law to the contrary, the maximum pre-tax wholesale price under this section shall be suspended indefinitely upon the effective date of Act 78, Session Laws of Hawaii 2006, and shall not thereafter become effective until and unless the governor publishes a notice statewide in accordance with section 1-28.5 that the reinstatement of the maximum pre-tax wholesale price under this section is beneficial to the economic well-being, health, and safety of the people of the State. The maximum pre-tax wholesale price shall become effective five days after the posting or publication of the notice by the governor unless otherwise specified by the governor, and shall remain in effect for thirty days, after which time it shall be automatically suspended. Thereafter, the governor may reinstate the maximum pre-tax wholesale price for thirty-day periods on the same conditions as set forth above. Upon a finding that the maximum pre-tax wholesale price would impose a financial hardship upon a distributor within a zone, the governor, in the governor's discretion, may increase the maximum pre-tax wholesale price for the zone in an amount determined necessary to eliminate the financial hardship on any affected distributor who does not operate a refinery within the State. Any increase in the maximum pre-tax wholesale price shall be included in the notice published by the governor."

SECTION 5. Section 844D-31, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Testing pursuant to this section shall begin immediately for all persons who have been convicted of murder in any degree or any felony offense defined in chapter 846E and all persons convicted of any felony offense who are confined in a correctional facility or other detention facility, including private correctional facilities, but shall not begin for other persons until thirty days after statewide [~~publication of~~] notice by the attorney general pursuant to section 1-28.5."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	2388
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII