Hawaii-2022-SB3172-Introduced

THE SENATE	S.B. NO.	3172
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PUBLIC AGENCY MEETINGS.

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

SECTION 1. The legislature finds that opening the governmental process to public scrutiny and participation is the only viable and reasonable method of protecting the public's interests. Therefore, the discussions, deliberations, decisions, and actions of governmental agencies in the formation and conduct of public policy must be conducted as openly as possible.

The legislature further finds that many members of the public are interested but do not have the ability to attend meetings, nor the time or technology to listen to recordings, those persons are therefore unnecessarily prevented from exercising their right to scrutinize and participate. Especially for community board proceedings, the public has a right to be kept informed by way of accurate and complete minutes of such proceedings. The written summaries that accompany any recordings of such meetings as outlined in section 92-9(c), Hawaii Revised Statutes, does not meet the standards set out in section 92-9(a), Hawaii Revised Statutes, nor was it intended to substitute for complete minutes.

The purpose of this Act is to, for the sake of providing the public with as much access and information as possible, make clear that there is a difference between regular meeting minutes and written summaries of recorded meetings, and that complete minutes are still required.

SECTION 2. Section 92-9, Hawaii Revised Statutes, is amended to read as follows:

"§92-9 Minutes. (a) The board shall keep written [~~or recorded~~] minutes of all meetings[.], provided that any electronic audio or video recording of the meeting shall also be maintained as a public record. Unless otherwise required by law, neither a full transcript nor a recording of the meeting is required, but the written minutes shall be kept and give a true reflection of the matters discussed at the meeting and the views of the participants. [~~Written~~] The minutes shall include, but need not be limited to:

(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; and

(4) Any other information that any member of the board requests be included or reflected in the minutes.

(b) The minutes shall be made available to the public by posting on the board's website or, if the board does not have a website, on an appropriate state or county website within forty days after the meeting except where such disclosure would be inconsistent with section 92-5; provided that minutes of executive meetings may be withheld so long as their publication would defeat the lawful purpose of the executive meeting, but no longer.

(c) A written summary shall accompany any [~~minutes~~] recording of a meeting that [~~are~~] is posted in a digital or analog recording format and shall include:

(1) The date, time, and place of the meeting;

(2) The members of the board recorded as either present or absent, and the times when individual members entered or left the meeting;

(3) A record, by individual member, of motions and votes made by the board; and

(4) A time stamp or other reference indicating when in the recording the board began discussion of each agenda item and when motions and votes were made by the board.

[~~(c)~~] (d) All or any part of a meeting of a board may be recorded by any person in attendance by any means of reproduction, except when a meeting is closed pursuant to section 92-4; provided the recording does not actively interfere with the conduct of the meeting."

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:	_____________________________