HB 2388: Public Notices; Electronic Posting Pilot Project; County-Wide Notice; County Clerks; Report

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 modernizes governmental communications and ensures timely and consistent public access to government information.

     The purpose of this Act is to establish the electronic posting pilot project for counties with a population between 100,000 and 175,000.

     SECTION 2.  (a)  There is established the electronic posting pilot project for any county with a population between 100,000 and 175,000, to be implemented and administered by the office of the county clerk of each participating county.

     (b)  Under the pilot project, whenever a county agency is required to give county-wide public notice or to publish county‑wide notice, the county clerk of each participating county, or the county clerk's designee, shall post the notice:

     (1)  On an electronic calendar or website maintained by the county; or

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

     (c)  Unless otherwise provided by law, public notice posted pursuant to subsection (b) shall be posted or published no later than six calendar days before the required action, meeting, or effective date.

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

     (e)  For purposes of this section, "county agency" means each department, board, commission, or office of the county or any of its political subdivisions.

     SECTION 3.  The office of the county clerk of each participating county, or the county clerk's designee, shall submit a report of its findings and recommendations, including any proposed legislation, arising from the respective county's participation in the electronic posting pilot project to the legislature no later than one calendar year from the effective date of this Act.

     SECTION 4.  This Act shall take effect on January 1, 2525.

Report Title:

Public Notices; Electronic Posting Pilot Project; County-Wide Notice; County Clerks; Report

Description:

Establishes the Electronic Posting Pilot Project for any county with a population between one hundred thousand and 175,000, to be administered by the county clerk of each participating county.  Allows county agencies to satisfy county-wide public notice requirements by posting notices on official county websites, while retaining publication as an option.  Requires a report to the Legislature.  Effective 1/1/2525.  (SD1)

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

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 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.

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

     (b)  For purposes of this section, when an agency chooses to post 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 before the required action, meeting, or effective date.

     (e)  Each 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.

     (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).

     (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.

     [(f)] (i)  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 on July 1, 3000.

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.  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.

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 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.

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.  Effective 7/1/3000.  (HD1)

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

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.

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.

STAND. COM. REP. NO.  1155-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2388

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2388, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC NOTICE,"

begs leave to report as follows:

     The purpose of this measure is to allow government agencies to satisfy public notice requirements by posting notices on official state or county websites, while retaining publication as an option.

     Your Committee received testimony in support of this measure from the Office of the Mayor of the County of Maui and one individual.  Your Committee received comments on this measure from the Office of Information Practices; State Procurement Office; and Grassroot Institute of Hawaii.

     Your Committee finds that existing law requiring publication of government notices in newspapers of general circulation is outdated in the age of increased digital access and no longer provides adequate notice to the public.  By allowing the posting of notices on official state and county websites, this measure will provide greater transparency, accessibility, and timeliness.

     Your Committee has amended this measure by:

     (1)  Restoring language that:

          (A)  Requires the comptroller to determine a publication for all government agencies to go to one source of publication for published public notice on each island; and

          (B)  Provides that proof of a publication is 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;

     (2)  Repealing language that authorized additional supplemental public notice to be given through Hawaii FYI;

     (3)  Deleting language that would have amended existing statutes that require a notice to be published pursuant to the public notice requirements; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2388, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2388, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  652-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2388

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Labor, to which was referred H.B. No. 2388 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC NOTICE,"

begs leave to report as follows:

     The purpose of this measure is to allow government agencies to satisfy public notice requirements by posting notices on official state or county websites, while retaining publication as an option.

     Your Committee received testimony in support of this measure from the Office of the Mayor of the County of Maui and Office of the County Clerk of the County of Maui.  Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Department of the Attorney General; Office of Information Practices; and State Procurement Office.

     Your Committee finds that public notice requirements rooted in print-only publication are outdated and no longer reflect how residents access government information.  Requiring newspaper publication as the primary method has led to higher costs, reduced accessibility, and delays in informing the public, especially as government communication increasingly shifts online.  Your Committee believes that allowing official electronic posting on government websites will modernize public notice practices, improve transparency, and provide more timely access to information for communities statewide.

     Your Committee has amended this measure by:

     (1)  Reinstating existing exemptions from notice requirements and authorizing government agencies subject to those exemptions to provide supplemental notice by electronic posting;

     (2)  Specifying that more specific notice requirements in other statutes continue to control unless expressly stated otherwise;

     (3)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2388, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2388, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Labor,