Report Title:

Public Attendance; Agency Meetings

Description:

Allows boards and commissions to conduct on-site inspections of locations related to board or commission business that are closed to the public, if public attendance is impracticable.  Requires the director of the office of information practices to act in certain instances instead of the attorney general.  (SB3105 SD1)

THE SENATE	S.B. NO.	3105
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PUBLIC AGENCY MEETINGS.

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

     SECTION 1.  Section 92-3.1, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§92-3.1[]]  Limited meetings.  (a)  If a board determines that it is necessary to meet at a location that is dangerous to health or safety, or if a board determines that it is necessary to conduct an on-site inspection of a location that is related to the board's business at which public attendance is not practicable, and the [attorney general] director of the office of information practices concurs, the board may hold a limited meeting [in] at that location[, which is] that shall not be open to the public; provided that at a regular meeting of the board prior to the limited meeting [at the dangerous location]:

     (1)  The board determines, after sufficient public deliberation, that it is necessary to hold the limited meeting [at the dangerous location] and specifies [the reasons for its determination] that the location is dangerous to health or safety[;] or that the on-site inspection is necessary and public attendance is impracticable;

     (2)  Two-thirds of all members to which the board is entitled vote to adopt the determinations required by paragraph (1) [and to conduct the meeting]; and

     (3)  Notice of the limited meeting is provided in accordance with section 92-7.

     (b)  At all limited meetings, the board shall:

     (1)  Videotape the meeting, unless the requirement is waived by the [attorney general,] director of the office of information practices, and comply with all requirements of section 92-9;

     (2)  Make the videotape available at the next regular meeting; and

     (3)  Make no decisions at the meeting."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.