TWENTY-SIXTH LEGISLATURE, 2012
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 to read as follows:
"§92-2 Definitions. As used in this part:
(1)] "Board" means any agency, board,
commission, authority, or committee of the State or its political subdivisions
which is created by constitution, statute, rule, or executive order, to have
supervision, control, jurisdiction, or advisory power over specific
matters and which is required to conduct meetings and to take official actions.
(2)] "Chance meeting" means a social
or informal assemblage of two or more members at which matters relating to
official business are not discussed.
"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.
(3)] "Meeting" means the convening of
a board for which a quorum is required in order to make a decision or to
deliberate toward a decision upon a matter over which the board has
supervision, control, jurisdiction, or advisory power."
SECTION 2. Section 92-3.5, Hawaii Revised Statutes, is amended to read as follows:
"§92-3.5 Meeting by [
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 audio and
visual] allows interaction [ between] among all members
of the board participating in the meeting and [ the] all members of
the public attending the meeting, [ at any videoconference location. The]
and the notice required by section 92-7 shall specify identifies
all of the locations at which where participating board
members will be physically present [ during a videoconference meeting.
The notice shall also specify that the public may attend the meeting at any of
the specified locations.] and indicates that members of the public may
join board members at any of the identified locations.
(b) Any board member participating in a
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 [
interactive conference technology shall be terminated [ if, after the
meeting convenes, both the] when audio [ and video]
communication cannot be maintained with all locations where the meeting by
interactive conference technology 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: (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 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
locations where the meeting is held. If copies of visual aids are not
available to all meeting participants at all videoconference locations where
the meeting is held, those agenda items related to the 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)]. If
copies of visual aids required by, or
brought to the meeting by board members or members of the public, are not available to all meeting participants, at all locations where audio-only interactive conference technology is being used, within fifteen minutes after audio-only communication is used, those agenda items for which visual aids are not available for all participants at all meeting locations cannot be acted upon at the meeting.
(d) Notwithstanding the other provisions of this section to the contrary, a board member with a disability that limits or impairs the member's ability to physically attend the meeting may participate in a board meeting from a location not accessible to the public; provided that the member with a disability is connected to other members of the board and the public by both visual and audio means, and the member identifies where the member is located and who, if anyone, is present at that location with the member."
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, 2012.
Sunshine Law; Board Meetings; Notice of Board Meetings
Permits use of interactive conference technology to increase ability of members of state and county boards and commissions to attend board meetings; allows a board member with a disability that limits or impairs the member's ability to physically attend the meeting to participate in a board meeting from a location not accessible to the public if connected by both visual and audio means. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.