Bill Text: HI SB3172 | 2022 | Regular Session | Amended
Bill Title: Relating To Public Agency Meetings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2022-06-27 - Notice of intent to veto (Gov. Msg. No. 1216) [SB3172 Detail]
Download: Hawaii-2022-SB3172-Amended.html
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THE SENATE |
S.B. NO. |
3172 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 1 |
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STATE OF HAWAII |
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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 necessary to protect the public's interests. Therefore, the discussions, deliberations, decisions, and actions of governmental agencies in the formation and conduct of public policy should be conducted as openly as possible.
The legislature further finds that for members of the public who are interested but do not have the ability to attend meetings, nor the time or technology to listen to recordings of the meetings, those persons are therefore unnecessarily prevented from exercising their right to 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, do not meet the standards set out in section 92-9(a), Hawaii Revised Statutes, nor were they intended to substitute for complete minutes.
The purpose of this Act is to, require that any electronic audio or visual recording of a board meeting be maintained as a public record and to clarify that complete minutes of the meetings 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 if an electronic
audio or video recording of the meeting is made by or on behalf of the board,
the recording shall also be kept as a public record; provided further that only one version of any recording is required to be kept. [Unless otherwise required by law, neither
a full transcript nor a recording of the meeting is required, but the] The
written minutes shall give a true reflection of the matters discussed at
the meeting and the views of the participants[. Written minutes] and 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. [A
written summary shall accompany any minutes that are 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)
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.
Report Title:
Meeting Minutes; Public Record; Board
Description:
Provides that any electronic audio or visual recording of a board meeting shall be maintained as public record and clarifies that complete minutes of the meetings are still required. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
