THE SENATE	S.B. NO.	2710
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO BOARD 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 [videoconference;] 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] allows audio or audio and visual interaction between all members of the board participating in the meeting and the public attending the meeting[, at any videoconference location.] at the location identified in the notice required by section 92-7, connected by the interactive conference technology.  The notice required by section 92-7 shall specify all locations at which 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.], as well as where the public is to meet to participate in the meeting by interactive conference technology.

     (b)  Any board member participating in a meeting by [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 [videoconference] 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:].  Meetings conducted by interactive conference technology by means of audio communication only may be held 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] noticed locations [where the meeting is held]; or

     (2)  [Participants are able to readily transmit visual] Visual aids can be transmitted by some [other] means (e.g., fax copies, electronic mail), within fifteen minutes to all [other meeting participants at all other videoconference] locations where the meeting is being held.  If copies of visual aids are not available to all meeting participants at all [videoconference] locations where the meeting is being held, [those] the agenda items related to [the] those 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)]."

     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:

Sunshine Law; Testimony; Quorum; Meetings

Description:

Expands the ability of a board or commission to facilitate public meetings through interactive conference technology.  (SD1)

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