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 |
H.D. 1 |
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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 members of the public who are interested but do not have the ability to attend meetings, or the time or technology to listen to recordings of the meetings, are unnecessarily prevented from exercising their right to participate. The public has a right to have as much access to and information regarding the subject matter of and discussions at board meetings.
The purpose of this Act is:
(1) Require that any electronic audio or video recording of a board meeting be kept as a public record, but clarify that only one version of any recording must be kept; and
(2) Remove the requirement that a written summary must accompany any minutes that are posted in a digital or analog recording format.
SECTION 2. Section 92-9, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(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 shall be 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.]"
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, 2112.
Report Title:
Meeting Minutes; Public Record; Board
Description:
Requires that any electronic audio or video recording of a board meeting be kept as a public record, but clarifies that only one version of any recording must be kept. Removes the requirement that a written summary must accompany any minutes that are posted in a digital or analog recording format. Effective 7/1/2112. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
