SB2403

SECTION 1. The legislature finds that government boards successfully implemented interactive conference technology that allowed board members and the public to participate in board meetings remotely during the corona virus disease 2019 pandemic. The legislature further finds that the expanded public access and participation made possible through the use of interactive conference technology was of great utility and benefit for all persons, especially for residents of rural areas and across multiple islands, and should be made a permanent component of government meetings.

The purpose of this Act is to require government boards to provide interactive conference technology for all meetings under the State's open meetings law to permit remote participation for those who do not attend in person and to require boards to send board packets to those persons who have requested notification of meetings.

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 board shall also offer the option of virtual participation and remote testimony by interactive conference technology consistent with the requirements of section 92-3.7 for all open meetings; provided further 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 opportunity to submit data, views, or arguments, in writing, on any agenda item. The boards shall also afford all interested persons an opportunity to present oral testimony on any agenda item[.] in person or remotely through interactive conference technology. The boards may provide for reasonable administration of oral testimony by rule."

SECTION 3. Section 92-7, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) The board shall give written public notice of any regular, special, emergency, or rescheduled meeting, or any executive meeting when anticipated in advance. The notice shall include an agenda that lists all of the items to be considered at the forthcoming meeting; the date, time, and place of the meeting; provide instructions on how to virtually attend the meeting and provide remote testimony by interactive conference technology; the board's electronic and postal contact information for submission of testimony before the meeting; instructions on how to request an auxiliary aid or service or an accommodation due to a disability, including a response deadline, if one is provided, that is reasonable; and in the case of an executive meeting, the purpose shall be stated. If an item to be considered is the proposed adoption, amendment, or repeal of administrative rules, an agenda meets the requirements for public notice pursuant to this section if it contains a statement on the topic of the proposed rules or a general description of the subjects involved, as described in section 91-3(a)(1)(A), and a statement of when and where the proposed rules may be viewed in person and on the Internet as provided in section 91-2.6. The means specified by this section shall be the only means required for giving notice under this part notwithstanding any law to the contrary."

2. By amending subsection (e) to read:

"(e) The board shall maintain a list of names and postal or electronic mail addresses of persons who request notification of meetings and shall mail or electronically mail a copy of the notice and a copy of the board packet to the persons by the means chosen by the persons at their last recorded postal or electronic mail address no later than the time the agenda is required to be electronically posted under subsection (b)."

SECTION 4. 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. 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 by mail or electronic access pursuant to section 92-7(e) 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.~~] within twenty-four hours in advance of any noticed meeting.

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

SECTION 6. This Act shall take effect on July 1, 2022.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2403
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII