Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Tourism and Intergovernmental Affairs, to which was referred S.B. No. 1487 entitled:

begs leave to report as follows:

The purpose of this measure is to make subject to Chapter 92, Hawaii Revised Statutes, any advisory committee or team created to provide policy input concerning spending of public funds and the future creation of community facilities and improvements.

Your Committee received testimony in support of this measure from Common Cause Hawaii, Kailua Neighborhood Board No. 31, and two individuals. The City and County of Honolulu Department of Corporation Counsel and the Department of Planning and Permitting submitted testimony in opposition. The Attorney General and the Office of Information Practices submitted comments.

Your Committee finds that with increasing frequency, the question is asked as to whether and to what extent groups formed by public officials and agencies to assist them with the business of governing are, or should be, subject to Hawaii's sunshine or open meeting law.

Your Committee further finds that determining the answer to this question is subject to interpretation of the Sunshine Law. As a result, the answer may vary depending on the agency responding to the question – as has been the case in the question of whether the Sunshine Law applies to the City and County of Honolulu Visioning Teams.

Your Committee has heard numerous concerns regarding the possible broad application of this Act, should it be approved. Your Committee has therefore amended this measure to make it applicable only to those meetings of any advisory group created or authorized to be created by charter, ordinance, or by the request or order of a county executive, to provide a vision in the development of public facilities and improvements requiring the expenditure of specific sums of public funds for these facilities and improvements.

As affirmed by the record of votes of the members of your Committee on Tourism and Intergovernmental Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1487, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1487, S.D. 1, and be placed on the calendar for Third Reading.