SB 405: Neighborhood Board; Meeting; Agenda; Third-Party Reports; Government Officials

A BILL FOR AN ACT

RELATING TO NEIGHBORHOOD BOARD MEETINGS.

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

     SECTION 1.  Section 92-81, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  The agenda required to be included in written public notice of a neighborhood board meeting may include an opportunity for the board to receive public input and third‑party reports from any government official on issues not specifically noticed for consideration at the forthcoming meeting.

     (c)  Any matter raised as part of the public input agenda or third-party reports from any government official allowed under subsection (b) may be discussed and information on the matter may be received by the board at the meeting; provided that the board shall not make a decision relating to [the matter.] any of those matters.  The board may make decisions on matters originally raised as part of a public input agenda item or raised by a third-party report from any government official only at a later meeting, where the agenda for the meeting shall give notice of decision-making on the matter."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Neighborhood Board; Meeting; Agenda; Third-Party Reports; Government Officials

Description:

Allows neighborhood boards to discuss and receive information on matters raised by third-party reports from any government official not included in a publicly noticed agenda.  Requires neighborhood boards to make decisions on matters raised by third-party reports from any government official at a later meeting where the agenda gives notice of decision-making on the matter.  (CD1)

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 NEIGHBORHOOD BOARD MEETINGS.

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

     SECTION 1.  Section 92-81, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  The agenda required to be included in written public notice of a neighborhood board meeting may include an opportunity for the board to receive public input and third‑party reports from any government official on issues not specifically noticed for consideration at the forthcoming meeting.

     (c)  Any matter raised as part of the public input agenda or third-party reports from any government official allowed under subsection (b) may be discussed and information on the matter may be received by the board at the meeting; provided that the board shall not make a decision relating to [the matter.] any of those matters.  The board may make decisions on matters originally raised as part of a public input agenda item or raised by a third-party report from any government official only at a later meeting, where the agenda for the meeting shall give notice of decision-making on the matter."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Neighborhood Board; Meeting; Agenda; Third-Party Reports; Government Officials

Description:

Allows neighborhood boards to discuss and receive information from third-party reports by any government official not included in a publicly noticed agenda.  Requires boards to make decisions on matters raised by third-party reports from any government official at a later meeting where the agenda gives notice of decision-making on the matter.  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 NEIGHBORHOOD BOARD MEETINGS.

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

     SECTION 1.  Section 92-81, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  The agenda required to be included in written public notice of a neighborhood board meeting may include an opportunity for the board to receive public input and third‑party reports from any government official on issues not specifically noticed for consideration at the forthcoming meeting.

     (c)  Any matter raised as part of the public input agenda or third-party reports from any government official allowed under subsection (b) may be discussed and information on the matter may be received by the board at the meeting; provided that the board shall not make a decision relating to [the matter.] any of those matters.  The board may make decisions on matters originally raised as part of a public input agenda item or raised by a third-party report from any government official only at a later meeting, where the agenda for the meeting shall give notice of decision-making on the matter."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect January 1, 2491.

Report Title:

Neighborhood Board; Meeting; Agenda; Third-Party Reports; Government Officials

Description:

Allows neighborhood boards to discuss and receive information from third-party reports by any government official not included in a publicly noticed agenda.  Requires boards to make decisions on matters raised by third-party reports from any government official at a later meeting where the agenda gives notice of decision-making on the matter.  Effective 1/1/2491.  (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 Neighborhood Board Meetings.

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

     SECTION 1.  Section 92-81, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  The agenda required to be included in written public notice of a neighborhood board meeting may include an opportunity for the board to receive public input and third-party reports from any government official on issues not specifically noticed for consideration at the forthcoming meeting.

     (c)  Any matter raised as part of the public input agenda or third-party reports from any government official allowed under subsection (b) may be discussed and information on the matter may be received by the board at the meeting; provided that the board shall not make a decision relating to [the matter.] any of those matters.  The board may make decisions on matters originally raised as part of a public input agenda item or raised by a third-party report from any government official only at a later meeting, where the agenda for the meeting shall give notice of decision-making on the matter."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Neighborhood Board; Meeting; Agenda; Third-Party Reports; Government Officials

Description:

Allows neighborhood boards to discuss and receive information from third-party reports by any government official not included in a publicly noticed agenda.  Requires boards to make decisions on matters raised by third-party reports from any government official at a later meeting where the agenda gives notice of decision-making on the matter.

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

CONFERENCE COMMITTEE REP. NO. 46

Honolulu, Hawaii

                 , 2025

RE:    S.B. No. 405

       S.D. 1

       H.D. 1

       C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 405, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO NEIGHBORHOOD BOARD MEETINGS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to:

     (1)  Allow neighborhood boards to discuss and receive information from third-party reports by any government official not included in a publicly noticed agenda; and

     (2)  Require boards to make decisions on matters raised by third-party reports from any government official at a later meeting where the agenda gives notice of decision‑making on the matter.

     Your Committee on Conference finds that valuable information utilized in neighborhood board meetings often comes from third‑party reports from government officials.  Your Committee on Conference further finds, however, that the existing Sunshine Law requiring these reports to be included in the neighborhood boards' publicly‑noticed agenda hinders its ability to hear and discuss the issues raised by the report in a timely manner.  Therefore, this measure protects the public interest by allowing neighborhood boards to hear and discuss third-party reports from government officials not included in a publicly-noticed agenda, while preserving the integrity of Sunshine Law by requiring any decisions on matters raised to be held at later meetings with proper notice of decision‑making.

     Your Committee on Conference has amended this measure by making it effective upon its approval.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 405, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 405, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

STAND. COM. REP. NO.  1722

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 405

      S.D. 1

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 405, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO NEIGHBORHOOD BOARD MEETINGS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Allow neighborhood boards to discuss and receive information from third-party reports by any government official not included in a publicly noticed agenda; and

     (2)  Require boards to make decisions on matters raised by third-party reports from any government official at a later meeting where the agenda gives notice of decision-making on the matter.

     Your Committee received testimony in support of this measure from the Waikiki Neighborhood Board and one individual.  Your Committee received testimony in opposition to this measure from two individuals.  Your Committee received comments on this measure from the Office of Information Practices.

     Your Committee finds that this measure would give neighborhood boards greater flexibility to accept and discuss third-party reports from government officials without violating Sunshine Law requirements for prior public notice.

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     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 S.B. No. 405, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 405, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.

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

STAND. COM. REP. NO. 874

Honolulu, Hawaii

RE:    S.B. No. 405

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 405, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO NEIGHBORHOOD BOARD MEETINGS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Allow neighborhood boards to discuss and receive information from third-party reports by any government official not included in a publicly noticed agenda; and

     (2)  Require boards to make decisions on matters raised by third-party reports from any government official at a later meeting where the agenda gives notice of decision‑making on the matter.

     Your Committee received testimony in support of this measure from the Kalihi Palama Neighborhood Board No. 15, Waikiki Neighborhood Board, and one individual.

     Your Committee received testimony in opposition to this measure from two individuals.

     Your Committee received comments on this measure from the Office of Information Practices.

     Your Committee finds that neighborhood boards serve as a forum for the public and leaders to receive valuable information, engage in discourse, and reach communal decisions.  Much of this information comes from government officials, and their reports are critical to informing community responses.  This measure will allow neighborhood boards to more adeptly address local issues as they arise, while maintaining the balance between practicality and transparency, by allowing boards to discuss issues raised by third-party government officials that were not properly noticed on a public agenda but requiring the delay of decision-making to a meeting when the matter is noticed on a public agenda.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 405, S.D. 1, and recommends that it pass Third Reading.

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

STAND. COM. REP. NO. 315

Honolulu, Hawaii

RE:    S.B. No. 405

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Government Operations, to which was referred S.B. No. 405 entitled:

"A BILL FOR AN ACT RELATING TO NEIGHBORHOOD BOARD MEETINGS,"

begs leave to report as follows:

     The purpose and intent of this measure is to allow neighborhood boards to receive and discuss information from third‑party reports by a government official not included in a publicly noticed agenda; provided that decisions on matters raised by third-party reports shall be made at later meetings preceded by a public agenda giving notice of the decision-making.  

     Your Committee received testimony in support of this measure from two individuals.

     Your Committee received testimony in opposition to this measure from one individual.

     Your Committee received comments on this measure from the Office of Information Practices.

     Your Committee finds that neighborhood boards play a central role in community development and coordinating local responses to issues.  An efficient local response is often the best means of protecting the public interest, making it vital that boards are able to consider new information as it arises.  Your Committee further recognizes that Sunshine Laws are critical to protecting the public interest and preventing corruption through transparency.  This measure balances these interests by allowing neighborhood boards to hear third-party reports from government officials not included in a publicly noticed agenda but requiring any votes on matters raised to be held at later properly noticed meetings.

     Your Committee notes the concerns expressed by the Office of Information Practices that the tradeoff necessitated by the exception to Sunshine Law provided in this measure may negatively impact the public by not requiring notice for all topics to be discussed in a public meeting.  Your Committee finds that this issue raises concerns that merit further consideration and respectfully requests that subsequent Committees to which this measure is referred examine the issues and concerns raised by the testimony.

     Your Committee has amended this measure by inserting an effective date of January 1, 2491, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 405, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 405, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Government Operations,