THE SENATE	S.B. NO.	2143
THIRTY-FIRST LEGISLATURE, 2022		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 by adding a new definition to be appropriately inserted and to read as follows:

""Board packet" means documents that are compiled by a board and distributed to board members before a meeting for use at that meeting, to the extent the documents are public under chapter 92F."

SECTION 2. Section 92-3, Hawaii Revised Statutes, is amended to read as follows:

"§92-3 Open meetings. Every meeting of all boards shall be open to the public and all persons shall be permitted to attend any meeting unless otherwise provided in the constitution or as closed pursuant to sections 92-4 and 92-5; provided that the removal of any person or persons who wilfully disrupts a meeting to prevent and compromise the conduct of the meeting shall not be prohibited. The boards shall afford all interested persons [an]:

(1) An opportunity to submit data, views, or arguments, in writing, on any agenda item[. The boards shall also afford all interested persons an];

(2) An opportunity to present oral testimony on any agenda item[.]; provided that the boards shall not limit the presentation of oral testimonies solely to the beginning of the board meeting; and

(3) In the event a board uses a board packet, the board shall make the board packet available to interested persons at least forty-eight hours prior to the board meeting.

The boards may provide for reasonable administration of oral testimony by rule."

SECTION 3. Section 92-7.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§92-7.5[]] Board packet; filing; public inspection; notice. At the time the board packet is distributed to the board members, the board shall also make the board packet available for public inspection in the board's office[.]; provided that board packets shall be made available for public inspection at least forty-eight hours prior to the board meeting; provided further that nothing in this section shall require a board to prepare or use a board packet. The board shall provide notice to persons requesting notification of meetings pursuant to section 92-7(e) that the board packet is available for inspection in the board's office and shall provide reasonably prompt access to the board packet to any person upon request. The board is not required to mail board packets. As soon as practicable, the board shall accommodate requests for electronic access to the board packet.

[For purposes of this section, "board packet" means documents that are compiled by the board and distributed to board members before a meeting for use at that meeting, to the extent the documents are public under chapter 92F; provided that this section shall not] Nothing in this section shall require disclosure of executive session minutes, license applications, or other records for which the board cannot reasonably complete its redaction of nonpublic information in the time available before the public inspection required by this section."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

Report Title:

Open Meetings; Community Meetings; Board Packets

Description:

Defines "board packet" and requires each state board to make its board packets publicly available at least forty-eight hours prior to the board meeting, but only if the board uses board packets. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.