HOUSE OF REPRESENTATIVES	H.B. NO.	2025
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE SUNSHINE LAW.

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

SECTION 1. The legislature finds that children's privacy rights prevail over the public's right to know. Therefore, the purpose of this Act is to amend the State's sunshine law to protect children's privacy in online public meetings.

SECTION 2. Section 92-3.7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A board may hold a remote meeting by interactive conference technology; provided that the interactive conference technology used by the board allows audiovisual interaction among all members of the board participating in the meeting and all members of the public attending the meeting, except as otherwise provided under this section; provided further that there is at least one meeting location that is open to the public and has an audiovisual connection. A board holding a remote meeting pursuant to this section shall not be required to allow members of the public to join board members in person at nonpublic locations where board members are physically present or to identify those locations in the notice required by section 92-7; provided that at the meeting, each board member shall state [who, if anyone, is] the name of any person eighteen years of age or older who is present at the nonpublic location with the member[.]; provided further that the name of a person under the age of eighteen years shall be stated if the person has a conflict of interest on any issue before the board at the meeting. The notice required by section 92-7 shall:

(1) List at least one meeting location that is open to the public that shall have an audiovisual connection; and

(2) Inform members of the public how to contemporaneously:

(A) Remotely view the video and audio of the meeting through internet streaming or other means; and

(B) Provide remote oral testimony in a manner that allows board members and other meeting participants to hear the testimony, whether through an internet link, a telephone conference, or other means.

The board may provide additional locations open for public participation. The notice required by section 92-7 shall list any additional locations open for public participation and specify, in the event an additional location loses its audiovisual connection to the remote meeting, whether the meeting will continue without that location or will be automatically recessed to restore communication as provided in subsection (c).

As used in this subsection, "conflict of interest" means a real or seeming incompatibility between a person's private interests and the person's public or fiduciary duties."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2112.

Report Title:

Public Meetings; Remote Meetings; Sunshine Law; Disclosure; Minors; Privacy; Conflict of Interest

Description:

Requires that the mandatory disclosure of the names of persons who are physically with a board member attending a remote board meeting shall apply only to the disclosure of the names of adults, and not minors, who are physically with the board member at a nonpublic location, except when a minor may have a conflict of interest with any issue before the board. 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.