HOUSE OF REPRESENTATIVES
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO RECORDINGS OF PUBLIC MEETINGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the house of representatives adopted House Resolution No. 9, Regular Session of 2022, to establish the commission to improve standards of conduct. The resolution requests that the commission ensure state laws and rules relating to standards of conduct of public officers and employees contain clear standards, enforcement, and penalties and provide recommendations to increase awareness of, compliance with, and deterrent effects of the code of ethics, lobbying laws, campaign finance laws, and other relevant laws and rules.
Pursuant to House Resolution No. 9, the commission to improve standards of conduct convened regularly throughout 2022 to diligently review, discuss, and consider the issues presented; submit an interim report to the house of representatives outlining areas of immediate and long-term focus; receive input from the public and invited individuals and agencies; and issue a final report with various recommendations and accompanying proposed legislation.
The legislature also finds that the strength and stability of our democratic government rely upon the public's trust in government institutions, including the expectation that officers act ethically with prudence, integrity, and sound judgement. Therefore, an essential goal of the commission was to provide recommendations that would help restore public trust in state government and increase the level of transparency in its operations and accountability of individuals.
The legislature additionally finds that opening the governmental process to public scrutiny and participation is necessary to protect the public's interests. Specifically, opening up discussions, deliberations, decisions, and actions of governmental agencies that are forming and implementing public policy should be facilitated as much as possible.
Accordingly, the purpose of this Act is to implement recommendations of the commission to improve standards of conduct relating to public agency meetings by:
(1) Encouraging boards to maintain any recording of a board meeting as a public record on the board's website regardless of whether the written minutes of the meeting have been posted;
(2) Requiring boards to provide the state archives with a copy of any recording of a board meeting before removing the recording from the board's website; and
(3) Requiring the written minutes of board meetings to include a link to the electronic audio or video recording of the meeting, if available.
SECTION 2. Section 92-3.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) For a remote meeting held by interactive conference technology pursuant to this section:
(1) The interactive conference technology used by the board shall allow interaction among all members of the board participating in the meeting and all members of the public attending the meeting;
(2) Except as provided in subsections (c) and (d), a quorum of board members participating in the meeting shall be visible and audible to other members and the public during the meeting; provided that no other meeting participants shall be required to be visible during the meeting;
(3) Any board member participating in a meeting by 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;
(4) At the start of the meeting the presiding officer shall announce the names of the participating members;
(5) All votes shall be conducted by roll call unless unanimous; and
practicable,] Except for licensing boards under section 26-9, boards
shall record meetings open to the public, when practicable, and make the
recording of any meeting electronically available to the public as soon as
practicable after a meeting and until a time as the minutes required by section
92-9 are electronically posted on the board's website. Boards are encouraged to keep recordings
available on their website."
SECTION 3. Section 92-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The board shall keep written or recorded
minutes of all meetings. Unless
otherwise required by law, neither a full transcript nor a recording of the
meeting is required, but the minutes shall give a true reflection of the
matters discussed at the meeting and the views of the participants. Before the removal of a recording that was
maintained on a board's website pursuant to section 92-3.7(b)(6), the board
shall provide the state archives with a copy of the recording. Written minutes shall include[
, but need
not be limited to:] at minimum:
(1) The date, time, and place of the meeting;
(2) The members of the board recorded as either present or absent;
(3) The substance of
all matters proposed, discussed, or decided; and a record, by individual member,
of any votes taken; [
(4) If an electronic audio or video recording of the meeting is available online, a link to the electronic audio or video recording of the meeting, to be placed at the beginning of the minutes; and
(4)] (5) Any other information that any member
of the board requests be included or reflected in the minutes."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on October 1, 2023.
Commission to Improve Standards of Conduct; Recordings of Public Meetings; Meeting Minutes; Public Record; Boards
Exempts licensing boards under DCCA from the requirement that board meetings be recorded. Encourages boards to maintain recordings of board meetings on the board's website regardless of whether the written minutes of the meeting have been posted. Requires boards to provide the state archives with a copy of any recording of a board meeting before removing the recording from the board's website. Requires the written minutes of board meetings to include a link to the electronic audio or video recording, if available online. Effective 10/1/2023. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.