REPORT TITLE:
Open Meetings


DESCRIPTION:
Assists public agencies in holding meetings by videoconference.
(SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2924
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO OPEN MEETINGS.



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

 1      SECTION 1.  The legislature finds that the "slice waste and
 
 2 tape" or "SWAT" regulatory reform initiative within the
 
 3 lieutenant governor's office is designed to improve state
 
 4 government by eliminating null and void, unnecessary,
 
 5 ineffective, and overly complex administrative rules that deter
 
 6 economic development and hamper government efficiency.  The
 
 7 intent of this initiative is to reduce the burden of government
 
 8 regulation and minimize its negative effects on Hawaii's
 
 9 residents, businesses, the economy, and government operations.
 
10 Strategies to achieve these objectives include such measures as
 
11 improving public access to rules, eliminating unnecessary rules,
 
12 and reviewing and overhauling the rulemaking process.
 
13      In 1994, the legislature recognized that allowing boards and
 
14 commissions to hold meetings by videoconference would help to
 
15 increase public access to  meetings, reduce costs, and help
 
16 government to operate more efficiently and effectively.  Act 121,
 
17 Session Laws of Hawaii (1994), codified as section 92-3.5, Hawaii
 
18 Revised Statutes, permits boards to meet by videoconference and
 
19 provides specific requirements for holding these meetings.
 
20 However, section 92-3.5(d) mandates that any board wishing to
 

 
Page 2                                                     2924
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 hold meetings by videoconference first adopt unspecified
 
 2 additional rules pursuant to chapter 91, Hawaii Revised Statutes,
 
 3 the Hawaii Administrative Procedure Act.  To date, no board has
 
 4 gone through the rulemaking process to adopt additional rules for
 
 5 holding meetings by videoconference, and because of this no board
 
 6 has been able to take advantage of section 92-3.5's efficiencies
 
 7 and economies.
 
 8      The purpose of this Act is to implement one of the
 
 9 lieutenant governor's initiatives to eliminate unnecessary rules
 
10 and requirements.  In this case, the rulemaking mandated by
 
11 section 92-3.5(d) is unnecessary given the protections provided
 
12 in section 92-3.5 (a), (b), and (c), as well as the other
 
13 provisions of chapter 92, Hawaii Revised Statutes.  The
 
14 legislature finds that this Act will help to increase public
 
15 access to meetings of boards and commissions, reduce costs, and
 
16 help government to operate more efficiently and effectively.
 
17      SECTION 2.  Section 92-3.5, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]�92-3.5[]]  Meeting by videoconference; notice; quorum.
 
20 (a)  A board may hold a meeting by videoconference; provided that
 
21 the videoconference system used by the board shall allow both
 
22 audio and visual interaction between all members of the board
 
23 participating in the meeting and the public attending the
 

 
Page 3                                                     2924
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 meeting, at any videoconference location.  The notice required by
 
 2 section 92-7 shall specify all locations at which board members
 
 3 will be physically present during a videoconference meeting[, and
 
 4 the public shall be allowed to attend the meeting at any such
 
 5 location].  The notice shall also specify that the public may
 
 6 attend the meeting at any of the specified locations.
 
 7      (b)  Any board member participating in a meeting by
 
 8 videoconference shall be considered present at the meeting for
 
 9 the purposes of determining compliance with the quorum and voting
 
10 requirements of the board.
 
11      (c)  A meeting held by videoconference shall be terminated
 
12 if both audio and video communication cannot be maintained with
 
13 all locations where the meeting is being held, even if a quorum
 
14 of the board is physically present in one location.
 
15      [(d)  Each board shall adopt rules in accordance with
 
16 chapter 91 regarding the use of and the procedures to be followed
 
17 in a meeting held by videoconference, before the meetings are
 
18 held.]"
 
19      SECTION 3.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 4.  This Act shall take effect upon its approval.