STAND. COM. REP. NO. 2460

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2924
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
2924 entitled: 

     "A BILL FOR AN ACT RELATING TO OPEN MEETINGS,"

begs leave to report as follows:

     The purpose of this measure is to assist public agencies in
holding meetings by videoconference by eliminating an unnecessary
rulemaking requirement. 

     Your Committee finds that section 92-3.5, Hawaii Revised
Statutes (HRS), permits boards to meet by videoconference and
provides specific requirements for holding such meetings.
However, the section mandates that any board wishing to hold
meetings by videoconference first adopt administrative rules
pursuant to chapter 91, Hawaii Revised Statutes.  Your Committee
further finds that no state board has adopted the prerequisite
rules, and consequently, no board meetings have been held by
videoconference.  Your Committee notes that given the detailed
provisions of subsections (a), (b), and (c) of section 92-3.5,
HRS, about how a videoconference meeting must be held, boards
have been confused as to what kind of additional procedures
remain to be set out in duly adopted administrative rules.
Therefore, removing the rule requirement should encourage boards
to hold videoconference meetings.

     Testimony in support of this measure was submitted by the
Office of the Lieutenant Governor, the Department of the Attorney
General, Office of Youth Services, Office of Information

 
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Practices, the Chamber of Commerce of Hawaii, the University of
Hawaii at Manoa, Small-Business Economic Revival Force, and
Common Cause of Hawaii.

     Upon further consideration, your Committee has amended this
measure by:

     (1)  Clarifying that the meeting notice shall also specify
          that the public may attend the videoconference meeting
          at any of the specified locations;

     (2)  Deleting the discretionary rulemaking authority, which
          would be unnecessary if rulemaking is no longer
          required; and 

     (3)  Making technical, non-substantive changes for the
          purposes of clarity and style.

     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 S.B. No.
2924, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as S.B. 2924, S.D. 1, 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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