STAND. COM. REP. NO. 1216

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 996
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No.
996 entitled: 

     "A BILL FOR AN ACT RELATING TO MEETINGS OF STATE AND COUNTY
     BOARDS,"

begs leave to report as follows:

     The purpose of this bill is to maintain the confidentiality
of protected information when it is brought before a state or
county board.

     Your Committee finds that this measure seeks to resolve the
conflict that boards face when attempting to comply with open
meeting requirements under the Sunshine Law, confidentiality
statutes, and court orders.  Your Committee notes that under the
Uniform Information Practices Act (UIPA), chapter 92F, Hawaii
Revised Statutes, an agency is not required to disclose
government records that are protected from disclosure pursuant to
state or federal law or under a state or federal court order.
Your Committee further finds that this bill would make the
State's public meeting laws consistent with UIPA.  

     The Attorney General has advised your Committee that
pursuant to section 92-4, Hawaii Revised Statutes, closed
meetings are expressly limited to those matters exempted by
section 92-5.  Therefore, only matters that fall within one of
the exceptions set out in section 92-5, Hawaii Revised Statutes,
can be discussed in an executive session, and then only after the

 
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                                   STAND. COM. REP. NO. 1216
                                   Page 2


exception is announced and a majority of the board's membership
agrees that an executive meeting should be held. 

     Testimony in support of this measure was submitted by the
Department of the Attorney General and the Office of Information
Practices.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
996 and recommends that it pass Second Reading and be placed on
the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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