| 47 | | - | SECTION 1. Section 514B-121, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (b) to read: "(b) Notwithstanding any other provision of this chapter, [except as provided in subsection (e),] or the declaration or bylaws of a condominium to the contrary, at any association meeting, the board may direct the use of an electronic voting device to comply with subsection (e)(2), regardless of whether a secret ballot is used or required. [Except as provided in subsection (e), the] The use shall be subject to the following: (1) The electronic voting device and all associated equipment shall be isolated from any connection to an external network, including the Internet; (2) The board shall establish reasonable procedures to provide for the secrecy and integrity of the unit owners' votes, including [but not limited to] procedures that ensure the availability of a printed audit trail containing: (A) The reference number of the electronic voting device; (B) Each common interest voted; and (C) The vote that was tabulated; (3) A copy of the printed audit trail shall be available to owners after the meeting in the same manner provided by sections 514B-154 and 514B-154.5; and (4) A copy of the procedures established pursuant to paragraph (2) shall be available at no charge to any owner and a copy shall be available at any meeting at which the association uses an electronic voting device. [In the event of] If any conflict arises between this subsection and subsection (e), subsection (e) shall control." 2. By amending subsection (e) to read: "(e) All association meetings shall be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised. Notwithstanding any provision to the contrary in the association's declaration or bylaws or in subsection (b), [electronic meetings and electronic, machine, or mail voting shall be authorized: (1) During any period in which a state of emergency or local state of emergency, declared pursuant to chapter 127A, is in effect in the county in which the condominium is located; (2) For any association meeting for which notice was given while a state of emergency or local state of emergency, declared pursuant to chapter 127A, was in effect for the county in which the condominium is located but is no longer in effect as of the date of the meeting; provided that the meeting is held within sixty days of the date the notice was first given; or (3) Whenever otherwise authorized in an association's declaration or bylaws.] if authorized by the board of directors in its sole discretion, members of the association or proxies of members shall be allowed to vote by mail and participate in any association meeting by means of the Internet, teleconference, or other electronic transmission technology in a manner that allows members the opportunity to: (1) View and hear the proceedings substantially concurrently with the occurrence of the proceedings; (2) Vote on matters submitted to members of the association; (3) Pose questions; and (4) Make comments. A member of the association or proxy of a member participating in a meeting by means of Internet, teleconference, or other electronic transmission technology shall be deemed to be present in person at the meeting. The association shall implement reasonable measures to verify that each person deemed present and permitted to vote at the meeting by means of the Internet, teleconference, or other electronic transmission technology is a member of the association or proxy of a member." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2022. |
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| 47 | + | SECTION 1. Section 514B-121, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (b) to read: "(b) Notwithstanding any other provision of this chapter, [except as provided in subsection (e),] or the declaration or bylaws of a condominium to the contrary, at any association meeting, the board may direct the use of an electronic voting device to comply with subsection (e)(2), regardless of whether a secret ballot is used or required. [Except as provided in subsection (e), the] The use shall be subject to the following: (1) The electronic voting device and all associated equipment shall be isolated from any connection to an external network, including the Internet; (2) The board shall establish reasonable procedures to provide for the secrecy and integrity of the unit owners' votes, including [but not limited to] procedures that ensure the availability of a printed audit trail containing: (A) The reference number of the electronic voting device; (B) Each common interest voted; and (C) The vote that was tabulated; (3) A copy of the printed audit trail shall be available to owners after the meeting in the same manner provided by sections 514B-154 and 514B-154.5; and (4) A copy of the procedures established pursuant to paragraph (2) shall be available at no charge to any owner and a copy shall be available at any meeting at which the association uses an electronic voting device. [In the event of] If any conflict arises between this subsection and subsection (e), subsection (e) shall control." 2. By amending subsection (e) to read: "(e) All association meetings shall be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised. Notwithstanding any provision to the contrary in the association's declaration or bylaws or in subsection (b), [electronic meetings and electronic, machine, or mail voting shall be authorized: (1) During any period in which a state of emergency or local state of emergency, declared pursuant to chapter 127A, is in effect in the county in which the condominium is located; (2) For any association meeting for which notice was given while a state of emergency or local state of emergency, declared pursuant to chapter 127A, was in effect for the county in which the condominium is located but is no longer in effect as of the date of the meeting; provided that the meeting is held within sixty days of the date the notice was first given; or (3) Whenever otherwise authorized in an association's declaration or bylaws.] members of the association or proxies of members shall be allowed to vote by mail and participate in any association meeting by means of the internet, teleconference, or other electronic transmission technology in a manner that allows members the opportunity to: (1) View and hear the proceedings substantially concurrently with the occurrence of the proceedings; (2) Vote on matters submitted to members of the association; (3) Pose questions; and (4) Make comments." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2022. INTRODUCED BY: _____________________________ |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. Section 514B-121, Hawaii Revised Statutes, is amended as follows: |
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| 50 | 50 | | |
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| 51 | 51 | | 1. By amending subsection (b) to read: |
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| 52 | 52 | | |
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| 53 | 53 | | "(b) Notwithstanding any other provision of this chapter, [except as provided in subsection (e),] or the declaration or bylaws of a condominium to the contrary, at any association meeting, the board may direct the use of an electronic voting device to comply with subsection (e)(2), regardless of whether a secret ballot is used or required. [Except as provided in subsection (e), the] The use shall be subject to the following: |
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| 54 | 54 | | |
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| 55 | 55 | | (1) The electronic voting device and all associated equipment shall be isolated from any connection to an external network, including the Internet; |
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| 56 | 56 | | |
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| 57 | 57 | | (2) The board shall establish reasonable procedures to provide for the secrecy and integrity of the unit owners' votes, including [but not limited to] procedures that ensure the availability of a printed audit trail containing: |
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| 58 | 58 | | |
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| 59 | 59 | | (A) The reference number of the electronic voting device; |
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| 60 | 60 | | |
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| 61 | 61 | | (B) Each common interest voted; and |
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| 62 | 62 | | |
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| 63 | 63 | | (C) The vote that was tabulated; |
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| 64 | 64 | | |
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| 65 | 65 | | (3) A copy of the printed audit trail shall be available to owners after the meeting in the same manner provided by sections 514B-154 and 514B-154.5; and |
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| 66 | 66 | | |
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| 67 | 67 | | (4) A copy of the procedures established pursuant to paragraph (2) shall be available at no charge to any owner and a copy shall be available at any meeting at which the association uses an electronic voting device. |
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| 68 | 68 | | |
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| 69 | 69 | | [In the event of] If any conflict arises between this subsection and subsection (e), subsection (e) shall control." |
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| 70 | 70 | | |
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| 71 | 71 | | 2. By amending subsection (e) to read: |
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| 72 | 72 | | |
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| 73 | 73 | | "(e) All association meetings shall be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised. Notwithstanding any provision to the contrary in the association's declaration or bylaws or in subsection (b), [electronic meetings and electronic, machine, or mail voting shall be authorized: |
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| 74 | 74 | | |
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| 75 | 75 | | (1) During any period in which a state of emergency or local state of emergency, declared pursuant to chapter 127A, is in effect in the county in which the condominium is located; |
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| 76 | 76 | | |
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| 77 | 77 | | (2) For any association meeting for which notice was given while a state of emergency or local state of emergency, declared pursuant to chapter 127A, was in effect for the county in which the condominium is located but is no longer in effect as of the date of the meeting; provided that the meeting is held within sixty days of the date the notice was first given; or |
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| 78 | 78 | | |
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| 79 | 79 | | (3) Whenever otherwise authorized in an association's declaration or bylaws.] |
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| 80 | 80 | | |
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