Report Title:

Sunshine Law; Testimony; Quorum; Meetings

 

Description:

Expands ability of a board or commission to facilitate public meetings through available interactive conferencing technology.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1088

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC MEETINGS.

 

 

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

 


SECTION 1. Section 92-2, Hawaii Revised Statutes, is amended by adding a new definition to read as follows:

"(4) "Interactive conference technology" means any form of audio or audio and visual conference technology, including teleconference, videoconference, and voice over Internet protocol, that facilitates interaction between the public and board members."

SECTION 2. Section 92-3.5, Hawaii Revised Statutes, is amended to read as follows:

"92-3.5 Meeting by [videoconference;] interactive conference technology; notice; quorum. (a) A board may hold a meeting by [videoconference;] interactive conference technology; provided that the [videoconference system] interactive conference technology used by the board [shall allow both] allows audio [and] or audio and visual interaction between all members of the board participating in the meeting and the public attending the meeting, at [any videoconference] a noticed meeting location connected by the interactive conference technology. The notice required by section 92-7 shall specify all locations at which board members will be physically present [during a videoconference meeting], and interactive conference technology is available to the public. The notice shall also specify that the public may attend the meeting at any of the specified locations.

(b) Any board member participating in a meeting by [videoconference] interactive conference technology shall be considered present at the meeting for the purpose of determining compliance with the quorum and voting requirements of the board.

(c) A meeting held by [videoconference] interactive conference technology shall be terminated if, after the meeting convenes[, both] the audio [and video] communication cannot be maintained with all locations where the meeting is being held, even if a quorum of the board is physically present in one location[; provided that a meeting may be continued by audio communication alone, if:]. Proceeding with a meeting by audio communication only is contingent upon the following criteria being met:

(1) All visual aids required by, or brought to the meeting by board members or members of the public have already been provided to all meeting participants at all [videoconference] noticed locations where the meeting is held; or

(2) Participants are able to readily transmit visual aids by some other means (e.g., fax copies), to all other meeting participants at all [other videoconference] noticed meeting locations [where the meeting is held]. If copies of visual aids are not available to all meeting participants at all [videoconference] noticed meeting locations [where the meeting is held], those agenda items related to [the] these visual aids shall be deferred until the next meeting; and

(3) No more than fifteen minutes shall elapse in implementing the requirements listed in paragraph (2)."

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.

 

INTRODUCED BY:

_____________________________

 

 

By Request