SB 869: Neighborhood Boards; Community Outreach Boards; Sunshine Law; Public Meetings; Permitted Interactions

A BILL FOR AN ACT

RELATING TO COMMUNITY OUTREACH BOARDS.

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

     SECTION 1.  The legislature finds that county neighborhood and advisory boards provide local communities with opportunities to participate in government.  Likewise, boards created for the purpose of community outreach, such as the Hawaii county community development plan action committees, serve as an intermediary between residents and government leaders to understand local concerns, gather and disseminate information, and create solutions in a collaborative environment.  However, because such boards are not specific to one neighborhood, it is not clear that they are "neighborhood boards" and thus entitled to use the special provisions set out for neighborhood boards in part VII of chapter 92, Hawaii Revised Statutes.  As community outreach boards serve as a grassroots tool, ensuring open access to board activities is essential to thriving communities statewide.

     Therefore, the purpose of this Act is to:

     (1)  Define "community outreach board";

     (2)  Include community outreach boards in existing provisions of the sunshine law that relate to neighborhood boards; and

     (3)  Authorize neighborhood board and community outreach board members to attend meetings or presentations related to official board business statewide.

     SECTION 2.  Chapter 92, Hawaii Revised Statutes, is amended by adding a new section to part VII to be appropriately designated and to read as follows:

     "§92-    Definition.  As used in this part, "community outreach board" means a board established to serve in a community advisory capacity under a county commission or a county department."

     SECTION 3.  Chapter 92, Hawaii Revised Statutes, is amended by amending the title of part VII to read as follows:

"[[]PART VII.[]]  NEIGHBORHOOD BOARD; COMMUNITY OUTREACH BOARD"

     SECTION 4.  Section 92-81, Hawaii Revised Statutes, is amended as follows:

     1.  By amending its title and subsections (a) and (b) to read:

     "[[]§92-81[]]  Neighborhood board; community outreach board; notice and agenda; public input; quorum.  (a)  [Any contrary provision in this chapter notwithstanding,] Notwithstanding any provision in this chapter to the contrary, the provisions of this part shall apply to neighborhood boards and community outreach boards overseen by a neighborhood commission of the city and county of Honolulu, and [such] other neighborhood boards and community outreach boards as may be created in other counties and overseen by a county-based commission[.] or county-based department.

     (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 on issues not specifically noticed for consideration at the forthcoming meeting."

     2.  By amending subsection (d) to read:

     "(d)  A quorum for a meeting of a neighborhood board or community outreach board shall be required for:

     (1)  Conducting official board business;

     (2)  Discussions [prior to] before and related to voting; and

     (3)  Voting required to validate an act of the board as part of official board business.

A neighborhood board or community outreach board may receive information or testimony on a matter of official board business without a quorum; provided that the board shall not make a decision on the issue.  The board members, at the next meeting of the [neighborhood] board, shall report the matters presented as information or testimony."

     SECTION 5.  Section 92-82, Hawaii Revised Statutes, is amended to read as follows:

     "§92-82  Permitted interactions of neighborhood board and community outreach board members.  (a)  Neighborhood board and community outreach board members may attend meetings or presentations [located on Oahu] on matters relating to official board business; provided that the meeting or presentation is open to the public, does not charge a fee or require registration, and is not specifically and exclusively organized for or directed toward members of the board; [and] provided further that no member [makes] shall make a commitment to vote on any of the issues discussed.

     (b)  Neighborhood board and community outreach board members who attend meetings or presentations allowed by subsection (a) may ask questions relating to official board business of persons other than fellow board members."

     SECTION 6.  Section 92-83, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§92-83[]]  Neighborhood board meeting; community outreach board meeting; unanticipated events; public interest.  An unanticipated event that occurs after public notice of a neighborhood board or community outreach board meeting has been issued, but before the scheduled meeting, may be the subject of discussion at the scheduled meeting if timely action on the matter is necessary for public health, welfare, and safety.  At a duly noticed meeting, a board may take action on an unanticipated event in the public interest that is not on the agenda in the same manner as if the board had held an emergency meeting to take action on the issue, pursuant to section 92-8."

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

Report Title:

Neighborhood Boards; Community Outreach Boards; Sunshine Law; Public Meetings; Permitted Interactions

Description:

Defines community outreach board to mean a board established to serve in a community advisory capacity under a county commission or a county department.  Includes community outreach boards in existing provisions of the Sunshine Law relating to neighborhood boards.  Authorizes neighborhood board and community outreach board members to attend meetings or presentations related to official board business statewide.  (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 COMMUNITY OUTREACH BOARDS.

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

     SECTION 1.  The legislature finds that county neighborhood and advisory boards provide local communities with opportunities to participate in government.  Likewise, community outreach boards serve as an intermediary between residents and government leaders to understand local concerns, gather and disseminate information, and create solutions in a collaborative environment.  As community outreach boards serve as a grassroots tool, ensuring open access to board activities is essential to thriving communities statewide.

     Therefore, the purpose of this Act is to:

     (1)  Define "community outreach board";

     (2)  Include community outreach boards in existing provisions of the sunshine law that relate to neighborhood boards; and

     (3)  Authorize neighborhood board and community outreach board members to attend meetings or presentations related to official board business statewide.

     SECTION 2.  Chapter 92, Hawaii Revised Statutes, is amended by adding a new section to part VII to be appropriately designated and to read as follows:

     "§92-    Definitions.  As used in this part, "community outreach board" means a board established to serve in a community advisory capacity under a county commission or a county department."

     SECTION 3.  Chapter 92, Hawaii Revised Statutes, is amended by amending the title of part VII to read as follows:

"[[]PART VII.[]]  NEIGHBORHOOD BOARD; COMMUNITY OUTREACH BOARD"

     SECTION 4.  Section 92-81, Hawaii Revised Statutes, is amended as follows:

     1.  By amending its title and subsections (a) and (b) to read:

     "[[]§92-81[]]  Neighborhood board; community outreach board; notice and agenda; public input; quorum.  (a)  [Any contrary provision in this chapter notwithstanding,] Notwithstanding any provision in this chapter to the contrary, the provisions of this part shall apply to neighborhood boards and community outreach boards overseen by a neighborhood commission of the city and county of Honolulu, and [such] other neighborhood boards and community outreach boards as may be created in other counties and overseen by a county-based commission[.] or county-based department.

     (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 on issues not specifically noticed for consideration at the forthcoming meeting."

     2.  By amending subsection (d) to read:

     "(d)  A quorum for a meeting of a neighborhood board or community outreach board shall be required for:

     (1)  Conducting official board business;

     (2)  Discussions prior to and related to voting; and

     (3)  Voting required to validate an act of the board as part of official board business.

A neighborhood board or community outreach board may receive information or testimony on a matter of official board business without a quorum; provided that the board shall not make a decision on the issue.  The board members, at the next meeting of the [neighborhood] board, shall report the matters presented as information or testimony."

     SECTION 5.  Section 92-82, Hawaii Revised Statutes, is amended to read as follows:

     "§92-82  Permitted interactions of neighborhood board and community outreach board members.  (a)  Neighborhood board and community outreach board members may attend meetings or presentations [located on Oahu] on matters relating to official board business; provided that the meeting or presentation is open to the public, does not charge a fee or require registration, and is not specifically and exclusively organized for or directed toward members of the board; and provided further that no member makes a commitment to vote on any of the issues discussed.

     (b)  Neighborhood board and community outreach board members who attend meetings or presentations allowed by subsection (a) may ask questions relating to official board business of persons other than fellow board members."

     SECTION 6.  Section 92-83, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§92-83[]]  Neighborhood board meeting; community outreach board meeting; unanticipated events; public interest.  An unanticipated event that occurs after public notice of a neighborhood board or community outreach board meeting has been issued, but before the scheduled meeting, may be the subject of discussion at the scheduled meeting if timely action on the matter is necessary for public health, welfare, and safety.  At a duly noticed meeting, a board may take action on an unanticipated event in the public interest that is not on the agenda in the same manner as if the board had held an emergency meeting to take action on the issue, pursuant to section 92-8."

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect January 1, 2491.

Report Title:

Neighborhood Boards; Community Outreach Boards; Sunshine Law; Public Meetings; Permitted Interactions

Description:

Defines community outreach board to mean a board established to serve in a community advisory capacity under a county commission or a county department.  Includes community outreach boards in existing provisions of the Sunshine Law relating to neighborhood boards.  Authorizes neighborhood board and community outreach board members to attend meetings or presentations related to official board business statewide.  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 Community outreach boards.

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

     SECTION 1.  The legislature finds that county neighborhood and advisory boards provide local communities with opportunities to participate in government.  Likewise, community outreach boards serve as an intermediary between residents and government leaders to understand local concerns, gather and disseminate information, and create solutions in a collaborative environment.  As community outreach boards serve as a grassroots tool, ensuring open access to board activities is essential to thriving communities statewide.

     Therefore, the purpose of this Act is to:

     (1)  Define "community outreach board";

     (2)  Include community outreach boards in existing provisions of the sunshine law that relate to neighborhood boards; and

     (3)  Authorize neighborhood board and community outreach board members to organize meetings or presentations related to official board business statewide.

     SECTION 2.  Chapter 92, Hawaii Revised Statutes, is amended by adding a new section to part VII to be appropriately designated and to read as follows:

     "§92-    Definitions.  As used in this part, "community outreach board" means a board established to serve in a community advisory capacity under a county commission or a county department."

     SECTION 3.  Chapter 92, Hawaii Revised Statutes, is amended by amending the title of part VII to read as follows:

"[[]PART VII.[]]  NEIGHBORHOOD BOARD; COMMUNITY OUTREACH BOARD"

     SECTION 4.  Section 92-81, Hawaii Revised Statutes, is amended as follows:

     1.  By amending its title and subsections (a) and (b) to read:

     "[[]§92-81[]]  Neighborhood board; community outreach board; notice and agenda; public input; quorum.  (a)  [Any contrary provision in this chapter notwithstanding,] Notwithstanding any provision in this chapter to the contrary, the provisions of this part shall apply to neighborhood boards and community outreach boards overseen by a neighborhood commission of the city and county of Honolulu, and [such] other neighborhood boards and community outreach boards as may be created in other counties and overseen by a county-based commission[.] or county-based department.

     (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 on issues not specifically noticed for consideration at the forthcoming meeting."

     2.  By amending subsection (d) to read:

     "(d)  A quorum for a meeting of a neighborhood board or community outreach board shall be required for:

     (1)  Conducting official board business;

     (2)  Discussions prior to and related to voting; and

     (3)  Voting required to validate an act of the board as part of official board business.

A neighborhood board or community outreach board may receive information or testimony on a matter of official board business without a quorum; provided that the board shall not make a decision on the issue.  The board members, at the next meeting of the [neighborhood] board, shall report the matters presented as information or testimony."

     SECTION 5.  Section 92-82, Hawaii Revised Statutes, is amended to read as follows:

     "§92-82  Permitted interactions of neighborhood board and community outreach board members.  (a)  Neighborhood board and community outreach board members may attend or organize meetings or presentations [located on Oahu] on matters relating to official board business; provided that the meeting or presentation is open to the public, does not charge a fee or require registration, and is not specifically and exclusively organized for or directed toward members of the board; and provided further that no member makes a commitment to vote on any of the issues discussed.

     (b)  Neighborhood board and community outreach board members who attend meetings or presentations allowed by subsection (a) may ask questions relating to official board business of persons other than fellow board members."

     SECTION 6.  Section 92-83, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§92-83[]]  Neighborhood board meeting; community outreach board meeting; unanticipated events; public interest.  An unanticipated event that occurs after public notice of a neighborhood board or community outreach board meeting has been issued, but before the scheduled meeting, may be the subject of discussion at the scheduled meeting if timely action on the matter is necessary for public health, welfare, and safety.  At a duly noticed meeting, a board may take action on an unanticipated event in the public interest that is not on the agenda in the same manner as if the board had held an emergency meeting to take action on the issue, pursuant to section 92-8."

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

Report Title:

Neighborhood Boards; Community Outreach Boards; Sunshine Law; Public Meetings; Permitted Interactions

Description:

Defines community outreach board to mean a board established to serve in a community advisory capacity under a county commission or a county department.  Includes community outreach boards in existing provisions of the Sunshine Law relating to neighborhood boards.  Authorizes neighborhood board and community outreach board members to organize meetings or presentations related to official board business statewide.

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.  1725

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 869

      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. 869, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COMMUNITY OUTREACH BOARDS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Define "community outreach board" to mean a board established to serve in a community advisory capacity under a county commission or a county department;

     (2)  Include community outreach boards in existing provisions of the Sunshine Law that relate to neighborhood boards; and

     (3)  Authorize neighborhood board and community outreach board members to attend meetings or presentations related to official board business statewide.

     Your Committee received testimony in support of this measure from the Kona Community Development Plan Action Committee; Kaʻū Community Development Plan Action Committee; South Kohala Community Development Plan Action Committee; and six 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 boards created for community outreach, like the Hawaii County Community Development Plan Action Committees, act as intermediaries between residents and government leaders to address local concerns, share information, and collaborate on solutions.  However, these boards are not specific to one neighborhood, making it unclear whether they qualify as "neighborhood boards" under the special provisions of Hawaii's Sunshine Law.  Your Committee believes that ensuring open access to these community outreach boards is crucial for fostering thriving communities across the State.

     Your Committee has amended this measure by:

     (1)  Amending its purpose section;

     (2)  Changing its effective date to upon approval; and

     (3)  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 S.B. No. 869, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 869, 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. 965

Honolulu, Hawaii

RE:    S.B. No. 869

       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. 869, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COMMUNITY OUTREACH BOARDS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Define "community outreach board" to mean a board established to serve in a community advisory capacity under a county commission or a county department;

     (2)  Include community outreach boards in existing provisions of the Sunshine Law relating to neighborhood boards; and

     (3)  Authorize neighborhood board and community outreach board members to attend meetings or presentations related to official board business statewide.

     Your Committee received testimony in support of this measure from the Kona Community Development Plan Action Committee, Kaʻū Community Development Plan Action Committee, South Kohala Community Development Plan Action Committee, and five 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 and Public First Law Center.

     Your Committee finds that community outreach boards encourage public participation in local government matters.  While neighborhood boards provide a consistent forum for community matters, community outreach boards can be utilized to assist with a specific issue or fulfill a specialized role to increase participation in local affairs.  Therefore, this measure offers clarity to the purpose of community outreach boards to promote greater community engagement statewide.

     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. 869, 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. 317

Honolulu, Hawaii

RE:    S.B. No. 869

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Government Operations and Energy and Intergovernmental Affairs, to which was referred S.B. No. 869 entitled:

"A BILL FOR AN ACT RELATING TO COMMUNITY OUTREACH BOARDS,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Define "community outreach board" to mean a board established to serve in a community advisory capacity under a county commission or a county department;

     (2)  Include community outreach boards in existing provisions of the State's Sunshine Law relating to neighborhood boards; and

     (3)  Authorize neighborhood board and community outreach board members to organize meetings or presentations related to official board business statewide.

     Your Committees received testimony in support of this measure from the Kaʻū Community Development Plan Action Committee, Kona Community Development Plan Action Committee, Hamakua Community Development Plan Action Committee, and three individuals.

     Your Committees received comments on this measure from the Office of Information Practices and Public First Law Center.

     Your Committees find that there is a need for the statewide adoption and application of neighborhood and county boards to enable these boards to gather more information pertaining to the issues facing their communities to allow policy makers to make informed decisions.  By defining "community outreach board" and including the board in existing legislation pertaining to neighborhood boards, the transparency required by the State's Sunshine Law can be equitably applied to community outreach boards while allowing these boards to continue to expand and support local communities.  With clear, uniform regulation, community outreach boards can operate with certainty, encouraging public participation in local government and addressing local issues for communities across the State.

     Your Committees note the request from the Office of Information Practices for examples of community outreach boards, stating that the distinction between neighborhood boards and community outreach boards is unclear.  One example would be the various Community Development Plan Action Committees under the Planning Department of the County of Hawaii.  Each Action Committee is composed of nine residents from the respective Community Development Program planning area.  The residents volunteer to serve as stewards of the community's plan, facilitating its implementation and recommending updates as needed. 

Your Committees also note the concern raised by the Public First Law Center that allowing members of neighborhood and community outreach boards to organize meetings or presentations  without following the open meeting requirements of the Sunshine Law goes against the intent of the provision, which is to allow as a permitted interaction, board members to attend informational meetings organized by other groups.

     Accordingly, your Committees have amended this measure by:

     (1)  Deleting language that would have allowed neighborhood and community outreach boards to organize meetings or presentations as a permitted interaction under the Sunshine Law;

     (2)  Amending section 1 to reflect its amended purpose; and

     (3)  Inserting an effective date of January 1, 2491, to encourage further discussion.

     As affirmed by the records of votes of the members of your Committees on Government Operations and Energy and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 869, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 869, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Government Operations and Energy and Intergovernmental Affairs,